GEORGIA LEE BOUTWELL, APPELLANT,
v.
JOHN THEODORE BOUTWELL, APPELLEE
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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.
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Walden v. Professor Abel Adekola & The Dist. Bd. of Trs. of Miami-Dade Cmty. Coll., 773 So. 2d 1218 (Fla. 3d DCA 2000)…ely insisted that the required findings appear on the face of the order, see Howell v. Howell, 700 So. 2d 467 (Fla. 1st DCA 1997); Rosen v. Rosen, 579 So. 2d 846 (Fla. 4th DCA 1991); Pradas v. Prados, 561 So. 2d 6 (Fla. 3d DCA 1990); Weeks v. Weeks, 490 So. 2d 1059 (Fla. 2d DCA 1986), regardless of whether the issue was raised in the trial court. Since the order now before us does not contain the required finding of willfulness, and since we have concluded that this issue can be raised for the first time on a…
Authorities Cited
- Shaw v. Shaw, 455 So. 2d 1156 (Fla. 5th DCA 1984)