JENNIFER MCLENDON
v.
RICHARD D'AMICO

Fla. 1st DCA | 2019-04-05
No. 18-2648
Judge Norma McGee Ogle
Florida District Court of Appeal, First District (2019)

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Synopsis

Jennifer McLendon appealed a trial court's modification of a custody arrangement, challenging the court's decision to grant her ex-husband Richard D'Amico unsupervised time-sharing with their minor child. The appellate court affirmed the trial court's judgment, finding that the decision was supported by competent, substantial evidence and within the trial court's broad discretion in custody matters.


Holding

The trial court did not abuse its discretion in awarding D'Amico unsupervised time-sharing, as its findings were supported by competent, substantial evidence, including testimony of three years of sobriety, active recovery participation, and expert testimony that D'Amico's addiction was in remission.


Headnotes

[1] Trial courts exercise broad discretion in determining custody arrangements and modifications, and their findings supported by competent, substantial evidence will be affi…

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Facts & Procedural History

Jennifer McLendon and Richard D'Amico divorced in 2015 when D'Amico was struggling with addiction, and the parties agreed to supervised visitation. On…

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Opinion of the Court

_____________________________ On appeal from the Circuit Court for Duval County. Daniel F. Wilensky, Judge.

April 5, 2019 PER CURIAM.

Jennifer McLendon and Richard D’Amico divorced in 2015. At the time, D’Amico was suffering from addiction, and the parties agreed that his visits with their minor child would be supervised. One year later, D’Amico petitioned for unsupervised time-sharing, alleging that he was no longer an addict and that shared custody was in the child’s best interest. After hearing two days’ worth of evidence, the trial court sided with D’Amico and modified the judgment. (It ordered, though, that D’Amico submit to continued drug testing.) McLendon now appeals, arguing that the amendment was not in the child’s best interest and that the court overlooked evidence of D’Amico’s continued problems.

Trial courts are afforded broad discretion in determining custody arrangements. See Hoyt v. Chalker, 228 So. 3d 697, 699 (Fla. 1st DCA 2017). Section 61.13, Florida Statutes, sets out factors for consideration. See Neville v. McKibben, 227 So. 3d 1270, 1273 (Fla. 1st DCA 2017). And here, the court found that those factors supported awarding D’Amico unsupervised time-sharing. The court based its findings on, among other things, testimony that D’Amico had been sober for three years, remained active in recovery, and was a successful high-school teacher and coach. The court also considered expert testimony that D’Amico’s addiction was in remission. Although McLendon disagrees with the court’s findings and points to some contradictory evidence, the findings in the court’s detailed order were supported by competent, substantial evidence. We therefore must affirm. See Neville, 227 So. 3d at 1273 (“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.”).

AFFIRMED.

ROBERTS, KELSEY, and WINSOR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ Stephanie A. Sussman of Bledsoe, Jacobson, Schmidt, Wright & Sussman, Jacksonville, for Appellant. Stacey DeVall of the DeVall Firm, P.A., Jacksonville, for Appellee.


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