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873 So. 2d 604

Lowrey v. Lee

District Court of Appeal of Florida · decided 2004-05-28

Cited by 1 later decisions — most recently November 2013

1 state decisions

Relies on 322 So. 2d 22 - Dinkel v. Dinkel · 333 So. 2d 17 - Kern v. Kern · Udell v. Udell

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Decided 2004-05-28

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PER CURIAM.

¶1Amanda Lowery appeals a final paternity judgment designating Joshua Lee as primary residential custodian of the parties’ minor child. We affirm.

¶2Appellate courts are reluctant to reverse orders concerning child custody because we recognize that the trial judge is better positioned to determine factual issues relating to child custody matters. See Udell v. Udell, 151 So.2d 863, 865 (Fla. 2d DCA 1963). Since the credibility of witnesses and the weight of their testimony is best determined by the trial court, factual findings made by trial judges in child custody cases should be accorded great weight. Kern v. Kern, 333 So.2d 17, 19 (Fla.1976). In this case, the trial judge was faced with the always difficult task of determining which parent should be designated primary residential custodian in a situation where the evidence could favor either parent. The trial judge provided a thorough written evaluation of each of the factors enumerated in section 61.13(3), Florida Statutes (2003). Competent substantial evidence supports each of the trial judge’s conclusions.

¶3Trial courts are vested with discretion to award primary physical residence to competing parents, and once the trial court makes this determination, an appellate court should not overturn the trial court’s decision absent a clear abuse of discretion. Dinkel v. Dinkel, 322 So.2d 22, 24 (Fla.1975). We find no abuse of discretion here.

¶4AFFIRMED.

PETERSON, PALMER and ORFINGER, JJ., concur.
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