MARY TOOLE BAILEY, APPELLANT,
v.
OSWALD SAMUEL BAILEY, APPELLEE
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PER CURIAM.
Appellant/wife contends on this appeal that the trial court erred in awarding the custody of the parties’ minor son to the appellee/husband. After careful consideration of the transcript, the briefs, and the oral argument, we have found no abuse of discretion in the trial court’s judgment that the best interests of the child would be served by this award.
We do find merit, however, in the point raised by husband on cross-appeal. He contends that the trial court erred in limiting his use and possession of the marital home to a period of approximately one year. We agree that he as the custodial parent should have the use and possession of the home until the child’s majority or his remarriage. See McNaughton v. McNaughton, 332 So. 2d 673 (Fla.3d D.C.A.1976).
The judgment is affirmed in part and reversed in part, and the case remanded for the entry of a judgment consistent with this opinion.
McCORD, C. J., and MILLS and ERVIN, JJ., concur.
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Zeller v. Zeller, 396 So. 2d 1177 (Fla. 4th DCA 1981)…equently ordered that they have become a generally accepted principle of the law of divorce. These awards are proper because they are in the nature of maintenance and support. Alford v. Alford, 364 So. 2d 1255 (Fla. 2nd. DCA 1978); Bailey v. Bailey, 361 So. 2d 204 (Fla. 1st DCA 1978); Robinson v. Robinson, 340 So. 2d 935 (Fla. 4th DCA 1976). The husband is a medical doctor specializing in pathology and earns in excess of $85,000 per year. The wife is a certified teacher currently receiving approximately $21,0…
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Smith v. Smith, 378 So. 2d 11 (Fla. 3d DCA 1979)…gree the children should attend. We think, therefore, that there is no basis for declining to grant the wife the right to occupy the residence with the children until she remarries or the youngest attains majority. As was stated in Bailey v. Bailey, 361 So. 2d 204, 205 (Fla. 1st DCA 1978): We do find merit, however, in the point raised by husband on cross-appeal. He contends that the trial court erred in limiting his use and possession of the marital home to a period of approximately one year. We agree that…
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Cabrera v. Cabrera, 484 So. 2d 1338 (Fla. 3d DCA 1986)…v. Kemmerer, 386 So. 2d 1248 (Fla.3d DCA 1980), review denied, 392 So. 2d 1376 (Fla.1981); Smith v. Smith, 378 So. 2d 11 (Fla.3d DCA 1979), cert. denied, 388 So. 2d 1118 (Fla.1980); Dolch v. Dolch, 368 So. 2d 618 (Fla.2d DCA 1979); Bailey v. Bailey, 361 So. 2d 204 (Fla. 1st DCA 1978); Singer v. Singer, 342 So. 2d 861 (Fla. 1st DCA 1977); Reisman v. Reisman, 314 So. 2d 783 (Fla. 3d DCA 1975), cert. denied, 336 So. 2d 107 (Fla.1976). Cf. Kuvin v. Kuvin, 442 So. 2d 203 (Fla.1983) (marital home not awarded to cus…
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- Monserrate B. McNAUGHTON v. McNAUGHTON, 332 So. 2d 673 (Fla. 3d DCA 1976)