Rothman v. Rothman, 91-3457
| Decision Date | 27 May 1992 |
| Docket Number | No. 91-3457,91-3457 |
| Citation | 599 So.2d 260 |
| Parties | Robin Lynn ROTHMAN, Appellant/Cross Appellee, v. Robert Joseph ROTHMAN, Appellee/Cross Appellant. 599 So.2d 260, 17 Fla. L. Week. D1346 |
| Court | Florida District Court of Appeals |
Gary S. Israel, Palm Beach, for appellant.
Michael A. Nugent, West Palm Beach, for appellee.
This appeal and cross-appeal arises out of a child custody dispute. Appellant, Robin Lynn Rothman, contends the trial court erred when it failed to find appellee in contempt for initiating proceedings in Georgia concerning the custody of the parties' minor child and for refusing to return the child from a visitation. Appellee, Robert Joseph Rothman, on cross-appeal, contends that Florida no longer has jurisdiction because the parties stipulated to emergency jurisdiction in Georgia and that it is Georgia that must determine the appropriateness of jurisdiction as to permanent placement of child custody.
The trial court accepted the commissioner's report and made the following findings:
2. In July, 1990, the child went to Georgia to visit the Former Husband. In August, 1990, the Juvenile Court of Liberty County, Georgia, finding the child to be deprived, ordered that temporary custody of the child be placed with his grandparents. The order reflects that the Former Wife was present at the hearing, represented by counsel, and consented to the placement. For the next year, the child resided with the paternal grandparents during the week and the maternal grandmother on the weekends, in West Palm Beach, Florida. The Former Wife continued to have frequent contact with the child.
3. The matter was reviewed by the Liberty County Juvenile Court in August, 1991. At that time, the Court awarded legal custody of the child to the Liberty County Department of Family and Children Services. The Department was authorized to place physical custody of the child with the Former Husband, who is in the military and stationed in Georgia. The Former Wife did not appeal the Georgia order, but has filed the present motion for contempt, which asserts that the Georgia Court's order was unauthorized.
4. The Former Husband cannot be in contempt because a Georgia court has placed legal custody of the parties' child with the Liberty County Department of Family and Children Services. Only physical custody of the child has been placed with the Former Husband. The Former Wife's exceptions to the Report of the Commissioner/General Master appears to concede that point, but yet contends that this Court should order the...
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