HAILEY A. NEVILLE, MOTHER, APPELLANT,
v.
RYAN A. MCKIBBEN, FATHER, APPELLEE
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Mother appealed a final judgment in a custody dispute, challenging the trial court's award of ultimate decision-making authority to the father, a 50/50 time-sharing schedule, a change of the child's surname, the use of the father's address for school purposes, and failure to address reimbursement requests. The appellate court affirmed the time-sharing and school address provisions but reversed the blanket award of decision-making authority and the surname change, and remanded for consideration of unpaid medical and daycare expenses.
The court reversed the award of blanket ultimate decision-making authority to the father because it lacked evidentiary support and violated the statutory presumption of shared parental responsibility. The court affirmed the 50/50 time-sharing schedule and school address designation as supported by competent, substantial evidence. The court reversed the surname change, finding that mere convenience and paternity are insufficient grounds for such a change. The court reversed and remanded the failure to address medical and daycare expense reimbursement claims.
[1] A blanket, nonspecific award of "ultimate responsibility" over a child is contrary to the statutory concept of shared parental responsibility.
[2] A trial court must order shared parental responsibility unless it finds that such an arrangement would be detrimental to the child.
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Join FLexlaw to unlock all legal intelligence“a blanket, nonspecific award of 'ultimate responsibility' is contrary to the statutory concept of shared parental responsibility.”
Establishes the legal standard that blanket awards of decision-making authority violate Florida's statutory preference for shared parental responsibility.
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Join FLexlaw to unlock all legal intelligenceHailey A. Neville (Mother) and Ryan A. McKibben (Father) were parties to a family law dispute regarding their minor child. The trial court awarded the…
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Hailey A. Neville, the Mother, challenges the final judgment: 1) awarding ultimate decision-making authority regarding the minor child to Ryan A. McKibben, the Father; 2) establishing a 50/50 time-sharing schedule; 3) changing the minor child’s legal surname to that of McKibben; 4) ordering use of McKibben’s address for school designation purposes; and 5) for failure to address a request for reimbursement of half of past medical and childcare expenses. As grounds, Neville argues the trial court abused its discretion as the final judgment is not supported by competent, substantial evidence, nor does it satisfy the statutory requirements for custody determinations under section 61.13, Florida Statutes (2015). We agree in part and reverse to the extent provided below.
Ultimate Decision-Making Authority
We first address the trial court’s award of ultimate decision-making authority to McKibben “in all matters pertaining to the child.” Neville argues this determination is not supported by competent, substantial evidence and contravenes the statutory goal of shared parental responsibility. We agree.
Trial courts must order shared parental responsibility unless the court finds it would be detrimental to the child. § 61.13(2)(c)2., Fla. Stat. (2015). Shared parental responsibility “contemplates that the parties will mutually confer on major decisions. (e.g., medical, religious, educational) affecting the child’s welfare and will reach agreement.” Smith v. Smith, 971 So.2d 191, 195 (Fla. 1st DCA 2007). If it is in a child’s best interest, the court may award ultimate decision-making authority over specific aspects of the child’s welfare to just one parent. § 61.13(2)(c)2.a., Fla. Stat. (2015). However, “a blanket, nonspe*1273cific award of ‘ultimate responsibility’ is contrary to the statutory concept of shared parental responsibility.” Wheeler v. Wheeler, 501 So.2d 729, 729 (Fla. 1st DCA 1987); see also Fazzaro v. Fazzaro, 110 So.3d 49, 51 (Fla. 2d DCA 2013).
In support of its blanket award of ultimate decision-making authority to McKibben, the trial court characterized a number of Neville’s parenting choices as dangerous and contrary to normal medical care. Specifically, the trial court questioned Neville’s decisions regarding the child’s immunization schedule, chiropractic care, Neville’s co-sleeping with the child, the duration of breastfeeding, and the use of amber bead necklaces for teething pain. While the trial court’s concerns were sincerely held, no competent, substantial evidence was introduced to support the trial court’s findings that Ne-ville’s parenting decisions were dangerous or contrary to normal medical care.
Time Sharing & Address for School Designation'
There is no abuse of discretion where reasonable persons could differ as to the trial court’s ruling. Canakaris v. Canakaris, 382 So.2d 1197, 1203 (Fla. 1980). Additionally, there is no statutory requirement that a trial court engage in a discussion as to each of the factors of section 61.13, Florida Statutes. Miller v. Miller, 842 So.2d 168, 169 (Fla. 1st DCA 2003); Adair v. Adair, 720 So.2d 316, 317 (Fla. 4th DCA 1998). However, the trial court must find, at a minimum, that its custody determination is in the best interests of the child. Clark v. Clark, 825 So.2d 1016, 1017 (Fla. 1st DCA 2002). Although the final judgment did not include the magic words “best interests of the child,” a plain reading confirms the trial court tracked the factors of section 61.13 in'its determination of timesharing and the address for school designation. As competent, substantial evidence exists to support the trial court’s award of 50/50 timesharing and school address designation, it must be affirmed on appeal.
Legal Surname
The standard of review regarding a change in a child’s surname is abuse of discretion. Airsman v. Airsman, 179 So.3d 342, 343 (Fla. 2d DCA 2015). A name change is proper “only where the record affirmatively shows that such change is required for the welfare of the minor.” Collinsworth v. O’Connell, 508 So.2d 744, 747 (Fla. 1st DCA 1987) (quoting Lazow v. Lazow, 147 So.2d 12, 13 (Fla. 3d DCA 1962)). If only conclusory assertions are provided in the record, “the issue should ordinarily be resolved against the party having the burden of proof, the proponent of change.” Collinsworth, 508 So.2d at 747; Bardin v. State, Dep’t of Revenue, 720 So.2d 609, 610 (Fla. 1st DCA 1998). A name change may not be based solely on a finding of paternity. Hutcheson v. Taylor, 43 So.3d 921, 922 (Fla. 1st DCA 2010) (citing Bardin, 720 So.2d at 612).
The only evidence presented by McKibben in support of a change in the legal surname of the child was his own testimony, which was self-serving. McKib-ben requests the name change solely to “carry on” his family name. At the hearing, Neville confirmed her desire that the minor child maintain the legal name listed on his birth certificate, her last name, as she has been the primary caregiver since his birth. The trial court changed the minor child’s name, finding, “[T]he ultimate decision authority regarding medical, educational, and health related needs and extracurricular activities and daycare/after-school care for the child shall be with the Petitioner [McKibben]. For this reason it would be more convenient for [McKibben] and the child’s last name to be the same.” *1274However, claims of convenience are not sufficient to support a name change. Airsman, 179 So.3d at 345.
Accordingly, we reverse this aspect of the final judgment and remand with directions for the trial court to enter an order restoring the child’s surname to that of Neville.
Reimbursement of Daycare and Medical Expenses
The last issue raised by Neville is whether the trial court erred in failing, to address reimbursement for daycare and uncovered medical and' dental expenses. We answer this question in the affirmative and remand for further proceedings.
In the final judgment, the trial court addressed child support arrearages, but not daycare or uncovered medical and dental expenses. The temporary order entered on December 11, 2015, required all reasonable medical, dental, optical and orthodontic expenses of the minor child iiot covered under insurance, to be equally paid by the parties, as well as daycare expenses. The trial court failed to address Neville’s claims of. unpaid medical and daycare .expenses raised in her Motion for Contempt, which arose from the temporary order. This issue was ripe for adjudication because “once a court enters a final judgment, temporary support orders.are no longer enforceable unless a claim for arrearages is addressed in the final judgment or the court reserves jurisdiction to consider the claim.” Conte v. Conte, 858 So.2d 1165, 1166 (Fla. 2d DCA 2003). In ruling on this matter, this Court is not commenting on the strength of the evidence submitted, but only with respect to whether the matter was resolved as part of the final judgment issued by the trial court. We find it was not; therefore, the. matter is reversed and remanded for reconsideration of the issues.
AFFIRMED in part, REVERSED in part, and REMANDED with' instructions.
ROWE, RAY, and M.K. THOMAS, JJ., CONCUR.
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Cited By (11 total)
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Bruce v. Bruce, 243 So. 3d 461 (Fla. 5th DCA 2018)
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Bryan v. Wheels, 295 So. 3d 889 (Fla. 1st DCA 2020)…at 113. Finally, competent, substantial evidence doesn’t support the court’s best-interests finding. While “there is no statutory requirement that a trial court engage in a discussion as to each of the factors of section 61.13,” Neville v. McKibben, 227 So. 3d 1270, 1273 (Fla. 1st DCA 2017), competent, substantial evidence must nonetheless support the best-interests finding. McKinnon v. Staats, 899 So. 2d 357, 359 (Fla. 1st DCA 2005); see also § 61.13(3)(a)–(t), Fla. Stat. In this case, the record reflects tha…
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Moses v. Moses, 347 So. 3d 385 (Fla. 5th DCA 2021)…20); Meyers v. Meyers, 295 So. 3d 1207, 1214 (Fla. 2d DCA 2020). However, courts have held that “a blanket, nonspecific award of ‘ultimate responsibility’ is contrary to the statutory concept of shared parental responsibility.” Neville v. McKibben, 227 So. 3d 1270, 1272–73 (Fla. 1st DCA 2017) (quoting Wheeler v. Wheeler, 501 So. 2d 729, 729 (Fla. 1st DCA 1987)); see also Gerencser v. Mills, 4 So. 3d 22, 24 (Fla. 5th DCA 2009) (“[T]he trial court's ruling, as currently written, does not provide the mother with…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (13 total)
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Collinsworth v. O'Connell, 508 So. 2d 744 (Fla. 1st DCA 1987)
- Adair v. Adair, 720 So. 2d 316 (Fla. 4th DCA 1998)
- Tish Bardin v. State, 720 So. 2d 609 (Fla. 1st DCA 1998)
- Clark v. Clark, 825 So. 2d 1016 (Fla. 1st DCA 2002)
- Miller v. Miller, 842 So. 2d 168 (Fla. 1st DCA 2003)
- Lazow v. Eleanore Lazow, 147 So. 2d 12 (Fla. 3d DCA 1962)
- Smith v. Smith, 971 So. 2d 191 (Fla. 1st DCA 2007)
- Fazzaro v. Fazzaro, 110 So. 3d 49 (Fla. 2d DCA 2013)
- Kendahl Diane Hutcheson v. Taylor, 43 So. 3d 921 (Fla. 1st DCA 2010)