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966 So. 2d 492

Docket No. 4D07-1041.

Vivian v. Schembari

Lisa VIVIAN f/k/a Lisa Schembari, Appellant, v. Giovanni SCHEMBARI, Appellee.

District Court of Appeal of Florida

Decided October 17, 2007.

District Court of Appeal of Florida · decided 2007-10-17

Cited by 1 later decisions — most recently December 2007

1 state decisions

Key passage — most relied on by later courts

“make value judgments that are appropriate for the trial court judge.”

quoted by 1 later decision, including 971 So. 2d 191 - Smith v. Smith

Relies on Botterbusch v. Botterbusch

Good law ✅— No negative treatment on recordhow we know

Decided 2007-10-17

View the full empirical analysis of this case →

¶1Tracy Belinda Newmark of The Newmark Law Firm, P.A., Hollywood, and Cynthia L. Greene of Law Offices of Greene Smith McMillan, P.A., Miami, for appellant.

¶2Steven M. Swickle of Swickle & Swickle, P.A., Fort Lauderdale, for appellee.

¶3PER CURIAM.

¶4This case presents yet another difficult issue regarding a primary custodial parent's efforts to relocate with the minor children following a dissolution of marriage. The trial court denied the mother's petition, and she now appeals, arguing abuse of discretion and failure to properly apply the statutory factors. We disagree and affirm.

¶5The marriage in this case was dissolved in 2004, following a six-year marriage resulting in two minor children of the parties. The mother was the primary residential parent, with shared parental responsibility with the father, who had liberal contact and access with the children.

¶6Then the mother remarried, and her new husband's job was relocated to Huntsville, Alabama. The mother petitioned the court to allow her to move there with the children, but the trial court denied relief, citing to the factors in section 61.13001(7), Florida Statutes (2006).

¶7We affirm the order of the circuit court denying the former wife's petition to relocate to Alabama. Substantial competent evidence supports the trial court's findings concerning the statutory factors contained in section 61.13001(7). This court may not reweigh the evidence to make value judgments that are appropriate for the trial judge. See Botterbusch v. Botterbusch,851 So.2d 903, 904-05 (Fla. 4th DCA 2003). We also find no error in the trial court's questioning of the former wife. See § 90.615(2), Fla. Stat. (2006). The court's questions pertained to considerations required by section 61.13001(7).

¶8STONE, POLEN and GROSS, JJ., concur.

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