MARIO CHALMERS, APPELLANT,
v.
BRITTANY BURROUGH, APPELLEE

Fla. 3d DCA | 2015-01-07
No. 3D13-3203
Before SALTER, EMAS and LOGUE, JJ.
156 So. 3d 536 Florida District Court of Appeal, Third District (2015)

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Holding

The court affirmed the supplemental final judgment in most respects but reversed and remanded for clarification on parental responsibility.


Facts & Procedural History

Appellant appealed a supplemental final judgment modifying child support and parental responsibility. The trial court's judgment was challenged regard…

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Opinion of the Court
EMAS, J.

EMAS, J.

Appellant, Mario Chalmers appeals the trial court’s supplemental final judgment which modified child support and parental responsibility as to the parties’ minor child, Q.E.C.

*537We affirm the supplemental final judgment in all respects, with one exception. We reverse and remand for the trial court to clarify whether the supplemental final judgment maintained the parents’ shared parental responsibility (with Appellee given ultimate decision-making on medical, health and educational issues1, or whether the supplemental final judgment modified the final judgment by awarding Appellee sole parental responsibility, requiring a determination that maintaining shared parental responsibility would be detrimental to the child. See § 61.13(2)(c)2., Fla. Stat. (2012); Hunter v. Hunter, 540 So.2d 235 (Fla. 3d DCA 1989).2

We therefore reverse in part the supplemental final judgment and remand for further proceedings as may be necessary on this limited issue, and for entry of an amended supplemental final judgment. In all other respects, the supplemental final judgment is affirmed.


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