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529 So. 2d 1226

529 So.2d 1226

13 Fla.L.Weekly 1912

Gerner v. Gerner

District Court of Appeal of Florida · decided 1988-08-09

Relies on Hurst v. Hurst · 380 So. 2d 1164 - Bienvenu v. Bienvenu · 433 So. 2d 60 - Frey v. Wagner

Good law ✅— No negative treatment on recordhow we know

Decided 1988-08-09

How this case has been cited

Cited by 15 later decisions — most recently October 2009

15 state decisions

130198819902000decided

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.

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FERGUSON, Judge.

¶1We reverse an order of the court, entered on a general master’s finding, which changes the primary custody of three minor children from the mother to a split-custody arrangement between feuding parents. The evidence does not overcome the strong presumption that rotating the primary physical residence of children is not in their best interests. Frey v. Wagner, 433 So.2d 60 (Fla. 3d DCA 1983). See also Hurst v. Hurst, 158 Fla. 43, 27 So.2d 749 (1946); Scott v. Scott, 401 So.2d 879 (Fla. 3d DCA 1981); Bienvenu v. Bienvenu, 380 So.2d 1164 (Fla. 3d DCA 1980); Peterseil v. Peterseil, 307 So.2d 498 (Fla. 3d DCA 1975).

¶2The case is remanded for the purpose of reinstating the custody provisions of the final judgment. On remand the trial court is directed to clarify the parties’ rights and obligations under the final judgment with respect to visitation. The remedy for violation of those provisions is to hold the errant party in contempt.

¶3Reversed and remanded.

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