DONNA KLAVANS, APPELLANT,
v.
JACK KLAVANS, APPELLEE
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Where both parents are found equally fit for custody, a child of tender years should be awarded to the mother.
The parties sought dissolution of marriage and custody of their four-year-old daughter. The trial court found both parents equally fit but awarded cus…
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PER CURIAM.
Appellant, Donna Klavans, seeks reversal of that provision of a final dissolution of marriage judgment awarding custody of the four year old daughter, Marti, to the father, Jack Klavans.
Donna Klavans filed a petition for dissolution of the six year marriage to Jack Klavans and prayed that she he awarded custody of their only child Marti, three years old at the time. Jack counterpeti-tioned for dissolution also seeking custody of Marti. After finding that “both parties, the father and the mother, are equally fit and proper parents to have custody of the minor child, to wit: Marti Klavans, four years of age . . .,” the chancellor dissolved the marriage between the parties and awarded custody of Marti to Jack. Donna appeals the custody award. We reverse.
The law still remains that where equal consideration given to the father in determining child custody results in the finding that the parties are equally fit to have custody, children of tender years should be awarded to the mother. See Anderson v. Anderson, Fla.1975, 309 So. 2d 1; Silvestri v. Silvestri, Fla.App.1975, 309 So. 2d 29; Forman v. Forman, Fla.App.1975, 315 So. 2d 9.
Both parents having been found equally fit and Marti being a child of tender years, the chancellor erred in awarding custody of Marti to the father, Jack Klavans. We reverse the custody provision of the dissolution judgment and remand the cause to the chancellor with directions to enter an order awarding custody of Marti to the mother, Donna Klavans, with reasonable visitation rights being given to the father. It is so ordered.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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In re the Marriage of Betty J. Kershner v. Crocker, 400 So. 2d 126 (Fla. 5th DCA 1981)…75). In other words, where the equal consideration given to the father in determining child custody results in a finding that both parties are equally fit to have custody, children of tender years should be awarded to the mother. Klavans v. Klavans, 330 So. 2d 811 (Fla. 3d DCA 1976), cert. dismissed, 353 So. 2d 676 (Fla.1979). The above cases do not enumerate the essential factors which a court should specifically consider. However, in 1975, the Legislature amended section 61.13 to include some of the criter…
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Kiumars Bakshandeh v. Alam Farzad Bakshandeh, 370 So. 2d 417 (Fla. 3d DCA 1979)…s and there was sufficient evidence in this record, although disputed, to award custody of the minor child to the wife. Anderson v. Anderson, 309 So. 2d 1 (Fla.1975); Barnhill v. Barnhill, 353 So. 2d 923, 924 (Fla. 4th DCA 1978); Klavans v. Klavans, 330 So. 2d 811 (Fla. 3d DCA 1976). As a final note, we are disturbed by an undisputed fact which emerges from this record. The wife Dr. Alam Farzad Bak-shandeh is a physician licensed to practice medicine in Florida; the husband Kiumars Bakshandeh is the chief re…
Authorities Cited
- Anderson v. Anderson, 309 So. 2d 1 (Fla. 1975)
- Silvestri v. Claudette Aggie Silvestri, 309 So. 2d 29 (Fla. 3d DCA 1975)
- Errol D. Forman v. Forman, 315 So. 2d 9 (Fla. 3d DCA 1975)