Gerner v. Gerner, 88-889

• Decision Date: 09 August 1988
• Docket Number: No. 88-889,88-889
• Citation: 13 Fla. L. Weekly 1912,529 So.2d 1226
• Parties: 13 Fla. L. Weekly 1912 Elizabeth B. GERNER, Appellant, v. David R. GERNER, Appellee.
• Court: Florida District Court of Appeals

Page 1226

529 So.2d 1226

13 Fla. L. Weekly 1912

Elizabeth B. GERNER, Appellant, v. David R. GERNER, Appellee.

No. 88-889.

District Court of Appeal of Florida, Third District.

Aug. 9, 1988.

Rehearing Denied Sept. 14, 1988.

An Appeal from a non-final order of the Circuit Court for Dade County; Leonard Rivkind, Judge.

Elizabeth S. Baker, South Miami, for appellant.

Abrams & Abrams and Georgia T. Newman, Coconut Grove, for appellee.

Before SCHWARTZ, C.J., and BASKIN and FERGUSON, JJ.

FERGUSON, Judge.

We reverse an order of the court, entered on a general master's finding, which changes the primary custody of three minor children from the mother to a split-custody arrangement between feuding parents. The evidence does not overcome the strong presumption that rotating the primary physical residence of children is not in their best interests. Frey v. Wagner, 433 So.2d 60 (Fla. 3d DCA 1983). See also Hurst v. Hurst, 158 Fla. 43, 27 So.2d 749 (1946); Scott v. Scott, 401 So.2d 879 (Fla. 3d DCA 1981); Bienvenu v. Bienvenu, 380 So.2d 1164 (Fla. 3d DCA 1980); Peterseil v. Peterseil, 307 So.2d 498 (Fla. 3d DCA 1975).

The case is remanded for the purpose of reinstating the custody provisions of the final judgment. On remand the trial court is directed to clarify the parties' rights and obligations under the final judgment with respect to visitation. The remedy for violation of those provisions is to hold the errant party in contempt.

Reversed and remanded.