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386 So. 2d 1230

Docket No. 79-1253/T2-37.

Johnston v. Boram

Maggieruth (Boram) JOHNSTON, Appellant, v. Forrest Ray BORAM, Appellee.

District Court of Appeal of Florida

Decided July 9, 1980.

Rehearing Denied August 26, 1980.

District Court of Appeal of Florida · decided 1980-07-09

Key passage — most relied on by later courts

“[t]he noncustodial parent should be granted reasonable visitation with a child unless there is proof of extreme circumstances, or the trial court finds that the visitation will adversely affect the welfare of the child.”

quoted by 3 later decisions, including McArdle v. McArdle, McAlister v. Shaver

Relies on 322 So. 2d 22 - Dinkel v. Dinkel · Chaffin v. Grigsby · Hurd v. Hurd

Good law ✅— No negative treatment on recordhow we know

Decided 1980-07-09

How this case has been cited

Cited by 20 later decisions — most recently April 2002

1 federal appellate · 19 state decisions

130198019902000decided

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 →

¶1Eilon Krugman-Kadi, of Barton & Cox, Gainesville, for appellant.

¶2G. Don Ritter, Ocala, for appellee.

¶3SHARP, Judge.

¶4This appeal was taken from a judgment awarding custody of two minor children, Alton Ray Boram and Latasha Boram, to their father. There was competent substantial evidence before the trial judge to support the award of custody. Absent a clear abuse of discretion, the award of the trial judge should be affirmed. Dinkel v. Dinkel,322 So.2d 22 (Fla. 1975); Brock v. Brock,349 So.2d 782 (Fla. 1st DCA 1977).

¶5The trial court failed to provide visitation rights for the mother. The noncustodial parent should be granted reasonable visitation with a child unless there is proof of extreme circumstances, or the trial court finds that the visitation will adversely affect the welfare of the child. Chaffin v. Grigsby,293 So.2d 404 (Fla. 4th DCA 1974). In this case either parent was a proper person to have custody. There was no evidence that visitation with the mother would adversely affect the welfare of the children. Therefore we affirm the award of custody but remand this matter to the trial court for entry of an order granting reasonable visitation rights for the mother.

¶6AFFIRMED in part and REMANDED.

¶7ORFINGER and COBB, JJ., concur.

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