McMurtry v. McMurtry

District Court of Appeal of Florida

McMurtry v. McMurtry

496 So. 2d 893, 11 Fla. L. Weekly 2221, 1986 Fla. App. LEXIS 10206

CourtDistrict Court of Appeal of Florida

DecidedOctober 17, 1986

DocketNo. 86-5

StatusPublished

Cited by2 cases

This text of 496 So. 2d 893 (McMurtry v. McMurtry) 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

McMurtry v. McMurtry, 496 So. 2d 893, 11 Fla. L. Weekly 2221, 1986 Fla. App. LEXIS 10206 (Fla. Ct. App. 1986).

Pincite

Opinion

PER CURIAM.

The wife appeals from a final judgment denying her the right to visit her five-year-old child whose custody had been awarded to the husband.

This record does not support a permanent deprivation of visitation privileges. However, it is obvious from the judge’s comments at the end of the hearing that he felt it best for the stability of the child to preclude visitation for a period of a year with the thought that thereafter he would reconsider the subject. The judge had sufficient discretion to make that kind of ruling, but the final judgment stated only that visitation was denied.

Accordingly, we affirm the final judgment, but we direct that after the expiration of one year from the judgment, the court, upon proper motion, shall conduct a hearing on whether the wife may be allowed to visit her child. Unlike ordinary modification proceedings, the question should be decided on a de novo basis without the requirement that the wife show a substantial change in circumstances.

Affirmed, as modified.

GRIMES, A.C.J., and SCHEB and FRANK, JJ., concur.

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