Frey v. Wagner, 82-2470
| Decision Date | 21 June 1983 |
| Docket Number | No. 82-2470,82-2470 |
| Citation | 433 So.2d 60 |
| Parties | Marshall FREY, Appellant, v. Cynthia WAGNER, Appellee. |
| Court | Florida District Court of Appeals |
Abramson & Butter and Stephen H. Butter, Miami, for appellant.
Du Fresne & Bradley and William Du Fresne, Miami, for appellee.
Before SCHWARTZ, C.J., and DANIEL S. PEARSON and JORGENSON, JJ.
Despite the existence of overwhelming evidence that alternating the physical residence of the three minor children of the parties between the mother and father was, 1 and would be, detrimental to the emotional and psychological well-being of the children and created confusion in the children and a lack of stability and consistency in their lives, the trial court, in an obvious effort to be fair to the parents and with the apparent view that the recent amendment to Section 61.13, Florida Statutes (1982) (), required not only shared parental responsibility, but also divided residence, ordered, inter alia:
....
While Section 61.13, Florida Statutes (1982), does mandate that parental responsibility of minor children shall be shared in the absence of a finding, not present here, that shared parental responsibility would be detrimental to the children, § 61.13(2)(b)2, it does not mandate that the physical residence of the children is to be shifted back and forth between the parents as a necessary concomitant of shared parental responsibility. Indeed, the statute itself envisions that there is to be a primary physical residence for the children, the place of which is to be determined by reference to the non-exclusive factors enumerated in Section 61.13(3). Thus, although the best interests of the children in the present case may be well served by ordering that parental responsibility be shared, that is, that "both parents retain full parental rights and responsibilities with respect to their [children] and ... confer so that major decisions affecting the welfare of the child will be determined jointly," § 61.13(2)(b)2.a, their best interests were not, under the evidence in this record, well served by attempting to accomplish this goal by alternating the children's primary physical residence.
Courts of this state have consistently held that the best interests of children are not served by custodial arrangements which require the children to move back and forth between the residences of...
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...See Rhines v. Rhines, 483 So.2d 4, 6 (Fla. 2d DCA 1985), review denied and remanded, 488 So.2d 68 (Fla. 2d DCA 1986); Frey v. Wagner, 433 So.2d 60, 61 (Fla. 3d DCA 1983); Nichols v. Nichols, 432 So.2d 648, 648-49 (Fla. 1st DCA Consistent with these views, we therefore (1) affirm the final j......
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