Boutwell v. Boutwell

District Court of Appeal of Florida

Boutwell v. Boutwell

490 So. 2d 1059, 11 Fla. L. Weekly 1467, 1986 Fla. App. LEXIS 8898

CourtDistrict Court of Appeal of Florida

DecidedJuly 2, 1986

DocketNo. BM-174

StatusPublished

This text of 490 So. 2d 1059 (Boutwell v. Boutwell) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Boutwell v. Boutwell, 490 So. 2d 1059, 11 Fla. L. Weekly 1467, 1986 Fla. App. LEXIS 8898 (Fla. Ct. App. 1986).

Pincite

Opinion

PER CURIAM.

This cause is before us on appeal from a nonfinal order granting temporary custody of a minor-child to the husband and $400 per month alimony to the wife, and enjoining the parties from disposing of any property acquired during the marriage. We affirm.

The only issue which merits discussion is whether there was competent, substantial evidence of record supporting the order awarding custody of the minor child to the husband.

In Shaw v. Shaw, 455 So.2d 1156 (Fla. 5th DCA 1984), relied on by the wife/appellant, the trial court appears to base its child custody decision solely on the unrecorded in camera interview of the two children, and the trial court never provided the father with the opportunity to present his case. However, in this case, there is no indication in the final order that the trial court relied on the in camera interview for its custody decision. Additionally, the mother had an opportunity to be heard regarding why she should be the custodial parent. Accordingly, we affirm.

BOOTH, C.J., and ERVIN and THOMPSON, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This cause is before us on appeal from a nonfinal order granting temporary custody of a minor-child to the husband and $400 per month alimony to the wife, and enjoining the parties from disposing of any property acquired during the marriage. We affirm.

The only issue which merits discussion is whether there was competent, substantial evidence of record supporting the order awarding custody of the minor child to the husband.

In Shaw v. Shaw, 455 So.2d 1156 (Fla. 5th DCA 1984), relied on by the wife/appellant, the trial court appears to base its child custody decision solely on the unrecorded in camera interview of the two children, and the trial court never provided the father with the opportunity to present his case. However, in this case, there is no indication in the final order that the trial court relied on the in camera interview for its custody decision. Additionally, the mother had an opportunity to be heard regarding why she should be the custodial parent. Accordingly, we affirm.

BOOTH, C.J., and ERVIN and THOMPSON, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

490 So. 2d 1059, 11 Fla. L. Weekly 1467, 1986 Fla. App. LEXIS 8898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boutwell-v-boutwell-fladistctapp-1986.

Opinion

Related

Cite This Page — Counsel Stack