GABRIELE LOUISE BURGESS, APPELLANT,
v.
DONNIE RAY BURGESS, APPELLEE

Fla. 1st DCA | 1977-06-30
No. DD-322
BOYER, C. J., and RAWLS and MASON, ERNEST E. (Ret.) Associate Judge, concur.
347 So. 2d 1078 Florida District Court of Appeal, First District (1977) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The learned trial judge, after hearing, found that the interests of the children of the parties will best be served by awarding their custody to the paternal grandparents. The polestar for guidance in custody proceedings is the best interests of the children. (Brust v. Brust, 266 So. 2d 400 (Fla. 1st DCA 1972)) Custody orders of a trial court reach this Court clothed with a strong presumption of correctness. (Dinkel v. Dinkel, 322 So. 2d 22 (Fla.1975)

AFFIRMED.

BOYER, C. J., and RAWLS and MASON, ERNEST E. (Ret.) Associate Judge, concur.


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  • Hindle v. Fuith, 33 So. 3d 782 (Fla. 5th DCA 2010)
    …must evaluate the non-inclusive factors listed in section 61.13(3), Florida Statutes, and determine the best interests of the child. See § 61.13, Fla. Stat. (2008); Fuller v. Fuller, 13 So. 3d 1108, 1109 (Fla. 5th DCA 2009); see Burgess v. Burgess, 347 So. 2d 1078, 1079 (Fla. 1st DCA 1977) (stating that polestar for guidance in custody proceedings is best interests of child). However, there is no statutory requirement that the trial court make specific written findings in a custody decision. See Adair v. Adai…
  • Padgett v. Pettis, 445 So. 2d 633 (Fla. 1st DCA 1984)
    …tatutes (1981). Although a circuit court has jurisdiction to award custody to grandparents in chapter 61 proceedings, Scott v. Singleton, 378 So. 2d 885 (Fla. 1st DCA 1979); Sanders v. Sanders, 376 So. 2d 880 (Fla. 1st DCA 1979); Burgess v. Burgess, 347 So. 2d 1078 (Fla. 1st DCA 1977), and grandparents have standing to seek a declaration of dependency under chapter 39, In the Interest of W.D. Peterson, 364 So. 2d 98 (Fla. 4th DCA 1978); In the Interest of W.H., 356 So. 2d 34 (Fla. 1st DCA 1978); In re the Inte…
  • Logreira v. Efrain Logreira, 322 So. 3d 155 (Fla. 3d DCA 2022)
    …rt v. Rogers, 57 So. 3d 233, 237 (Fla. 4th DCA 2011). Because the latter prong is dispositive, we need not weigh in on this argument. The best interests of the child is the polestar consideration in time- sharing decisions. See Burgess v. Burgess, 347 So. 2d 1078, 1079 (Fla. 1st DCA 1977). In determining best interests, section 61.13, Florida Statutes, requires the trial court to evaluate all relevant factors, twenty of which are statutorily enumerated, bearing on the welfare of the child. The statute is de…

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