N.H. v. J.E.T.

66 So. 3d 1056 (Fla. Dist. Ct. App. 2011) · District Court of Appeal of Florida, Second District · August 3, 2011

Summary

The Florida Second District Court of Appeal reviewed a final judgment establishing paternity and ordering shared parental responsibility with weekly rotating custody. The court found no abuse of discretion in denying a right of first refusal but remanded for correction of the mother's residential address in the parenting plan and custody-exchange provisions.

Holdings

  1. The trial court did not abuse its discretion in adopting shared parental responsibility and a weekly rotating-custody parenting plan without providing N.H. a right of first refusal.
  2. The trial court erred by designating N.H.'s former Winter Haven residence rather than her Lakeland residence in the parenting plan, and remand was necessary to correct the address.

Questions Presented

  1. Whether the trial court abused its discretion by adopting weekly rotating custody without giving N.H. a right of first refusal when the father's work schedule might affect his parenting time.
  2. Whether the trial court erred in denying relief from judgment based on the incorrect residential address specified in the parenting plan.

Disposition

reversed_and_remanded

Cases Cited (1)

  • Hudson-McCann v. McCann, 8 So. 3d 1228, 1229 (Fla. 5th DCA 2009)(followed)

Cited In (0)

No citing cases on record yet.

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