Posted by Nydia Streets of Streets Law in Florida Child Custody

When parties to a Florida divorce just cannot get along, does this justify awarding sole parental responsibility to one parent? This issue arose in the case Musgrave v. Musgrave, 2D18-2792 (Fla. 2d DCA November 27, 2019) in which the court noted animosity between the parties and awarded sole parental responsibility to the former wife.

After a trial, the parties were instructed by the court to submit their versions of the final judgment for the court to review and sign. The former wife submitted her version of the final judgment, and then two days later, the former husband submitted his. Contained in the former wife’s version were provisions awarding her sole parental responsibility, granting her an injunction against domestic violence and requiring the former husband to name her as a beneficiary of his life insurance policy. The former husband appealed, arguing among other matters, that it was an abuse of discretion for the trial court to adopt verbatim the former wife’s version of the order.

The appellate court disagreed with the former husband on this point, holding “[B]oth parties were represented by counsel; the Husband was given a copy of the Wife's proposed final judgment; the trial court signed the Wife's proposed final judgment two-and-a-half months after receiving the competing orders, during which time the Husband raised no objection to the Wife's proposed final judgment; and the trial court made a hand-written notation on the Wife's proposed final judgment before signing it—implicating the trial court's independent evaluation of the submitted findings. Moreover, a review of the record indicates the trial court actively participated in the final hearing, which reinforces the conclusion that the trial court exercised her independent decision-making.”

However, the appellate court agreed with the former husband on the issue of sole parental responsibility. The court held “The evidence here certainly indicates animosity between the Husband and Wife, but we cannot conclude there is competent, substantial evidence to constitute detriment to the children that would support wholly abrogating the Husband's parental responsibilities.” Furthermore, the court ruled it was inappropriate to award sole parental responsibility when the former wife had not requested it in her pleadings.

Next, the court reversed the ruling regarding the injunction. The former wife’s version of the order contained a provision which required the former husband to stay away from her. However, the former wife did not request this in her petition, and the Florida Statutes make clear very specific requirements that must be met before an injunction is entered. Last, the appellate court found error with the trial court’s decision to require the former husband to carry life insurance. It rejected the former wife’s contention that the former husband’s advanced age (70) was a special circumstance requiring him to maintain life insurance, especially where the former wife was ordered to pay child support to the former husband.

This case presents many issues which commonly arise in Florida child custody cases. To understand how Florida child custody laws may apply to your case, schedule a consultation with a Miami family law attorney.