Public-domain · open source
OpenJurist

366 So. 2d 873

Docket No. 78-1019.

Baker v. Baker

Mary Frances BAKER, Appellant, v. Lawrence James BAKER, Appellee.

District Court of Appeal of Florida

Decided January 31, 1979.

District Court of Appeal of Florida · decided 1979-01-31

Key passage — most relied on by later courts

“Visitation rights concerning minor children should not be denied either parent so long as he or she conducts himself or herself, while in the presence of such children, in a manner which will not adversely affect their morals or welfare. Yandell v. Yandell, 39 So.2d 554 (Fla. 1949).”

quoted by 1 later decision, including 636 So. 2d 796 - Booker v. Booker

Relies on 39 So. 2d 554 - Yandell v. Yandell

Good law ✅— No negative treatment on recordhow we know

Decided 1979-01-31

How this case has been cited

Cited by 9 later decisions — most recently January 2015

9 state decisions

3019791980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1David R. Schwartz, West Palm Beach, for appellant.

¶2No appearance for appellee.

¶3RIVKIND, LEONARD, Associate Judge.

¶4This is an appeal from a final judgment of dissolution of marriage. The sole relief requested by appellant in the trial court, in the suit for dissolution commenced by appellee, was visitation rights concerning their twelve year old daughter. The final judgment is silent concerning visitation. The failure to provide for visitation is the sole error claimed on appeal. Apparently no report of the proceedings was made and appellant thereafter filed a "proposed statement of facts" mailing a copy to counsel who was then representing appellee. No objection or amendment was filed by appellee. However, it does not appear from the record that the statement was ever submitted to the trial court for approval. See Rule 9.200(b)(3) Fla.R.App.P. Ergo, it cannot be considered. Visitation rights concerning minor children should not be denied either parent so long as he or she conducts himself or herself, while in the presence of such children, in a manner which will not adversely affect their morals or welfare. Yandell v. Yandell,39 So.2d 554 (Fla. 1949).

¶5The final judgment should specifically provide when visitation rights are granted or denied. When visitation rights are denied it would assist this court upon review of such denial if the trial judge would set forth the basis for his ruling. We remand this case to the trial judge so that the final judgment may be amended to *874 grant or deny visitation rights to appellant. The amended judgment would be subject to appeal.

¶6REMANDED.

¶7DAUKSCH and LETTS, JJ., concur.

/366/so2d/873 · .json · Public domain