Wattles v. Wattles, 93-679
| Decision Date | 04 February 1994 |
| Docket Number | No. 93-679,93-679 |
| Citation | 631 So.2d 349 |
| Parties | 19 Fla. L. Weekly D251 Robert C. WATTLES, Appellant, v. Pamela A. WATTLES, Appellee. |
| Court | Florida District Court of Appeals |
Robert C. Wattles, Orlando, in pro. per.
Frank A. Taylor and Edward T. Cox, Jr., Orlando, for appellee.
Robert Wattles, the former husband, appeals a final judgment of dissolution of marriage. He asserts that the trial court erred in: (1) awarding primary custody to the former wife; (2) awarding insignificant visitation to the former husband; (3) awarding insignificant visitation to the paternal grandmother; (4) inequitably distributing the marital assets and liabilities; and (5) refusing to allow particular witnesses of former husband to testify. The only issue that has merit is the former husband's contention that the court abused its discretion in entering the visitation order. We vacate the visitation portion of the final judgment; otherwise, the final judgment of dissolution of marriage is affirmed.
At the conclusion of the hearing the court stated, "I am going to order that visitation be in accordance with our standard visitation program ... unless the parties, themselves, agree to something different, whatever you agree to is fine with me." The court then requested the parties to submit a proposed final judgment to include their suggested visitation provisions, which both parties did. The trial court, without further hearing, entered a final judgment of dissolution of marriage that included the previously announced "standard" visitation program. The judgment provides for visitation by the former husband every other weekend from 8:00 A.M. Saturday until 6:00 P.M. Sunday during the school year. If there is no school the following day, visitation ends at 7:30 P.M. The former husband also has visitation from 4:00 P.M. until 7:00 P.M. on a weekday every other week. In addition, former husband has a total of five weeks of visitation, with the weeks configured variously at his option, from the day after school is dismissed in June of each year until four days before school begins in the fall of the year. Finally, former husband has visitation during one-half the holiday periods. The former husband complains that the "standard" visitation program is inappropriate in that it is based in part on the school year notwithstanding that the parties' child is only two years old.
There are no "standard" visitation rights as defined by any...
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