JOHNNIE K. MCMURTRY, APPELLANT,
v.
TROY LEE MCMURTRY, APPELLEE

Fla. 2d DCA | 1986-10-17
No. 86-5
GRIMES, A.C.J., and SCHEB and FRANK, JJ., concur.
496 So. 2d 893 Florida District Court of Appeal, Second District (1986) Positive Treatment
Cited by 4 cases
Topics
Modification Of Custody Substantial Change In Circumstances De Novo Review

Explore caselaw by topic → Browse Modification Of Custody cases and more on FLexlaw

Opinion of the Court
PER CURIAM.

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.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Hunter v. Hunter, 540 So. 2d 235 (Fla. 3d DCA 1989)
    …ied, 388 So. 2d 1109 (Fla.1980); Hechler v. Hechler, 351 So. 2d 1122 (Fla. 3d DCA 1977); Walborsky v. Walborsky, 258 So. 2d 304 (Fla. 1st DCA), cert. denied, 263 So. 2d 831 (Fla.1972). Suspension of visitation for one year, see McMurtry v. McMurtry, 496 So. 2d 893 (Fla. 2d DCA 1986), and consideration of psychological evaluations of the parties are within the court's discretion. See Balas v. Balas, 521 So. 2d 343 (Fla. 2d DCA 1988); Creach v. Creach, 516 So. 2d 1060 (Fla. 3d DCA 1987). The record before us de…
  • Moss v. Dep't OF Health & Rehabilitative Servs., 514 So. 2d 1132 (Fla. 5th DCA 1987)
    …[*1133] PER CURIAM. AFFIRMED. See McMurtry v. McMurtry, 496 So. 2d 893 (Fla. 2d DCA 1986). UPCHURCH, C.J., and SHARP and COWART, JJ., concur.…

Full citator, related cases, and AI research tools

Open in FLexlaw