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Pfeifer v. Pfeifer

District Court of Appeal of Florida, Fourth District
Apr 21, 1993
616 So. 2d 1190 (Fla. Dist. Ct. App. 1993)

Summary

affirming rotating custody arrangement permitting each parent to have custody of child a portion of each week where both parents continued to reside in the same neighborhood after separation

Summary of this case from Chapman v. Prevatt

Opinion

No. 92-1238.

April 21, 1993.

Appeal from the Circuit Court, Broward County, James M. Reasbeck, J.

Nancy W. Gregoire and Joel L. Kirschbaum of Ruden, Barnett, McClosky, Smith, Schuster Russell, P.A., Fort Lauderdale for appellant/cross-appellee.

James W. Knight, Jr. and Richard Barnett of James W. Knight, Jr., P.A., Fort Lauderdale, for appellee/cross-appellant.


We affirm the final judgment of dissolution, including the provisions for child custody and rehabilitative alimony, but we reverse the order denying the former wife's application for attorney's fees and costs.

We affirm the trial court's decision to permit each of the parties to have custody of the minor child a portion of each week because of the unique circumstances of this case, and the considerable discretion granted to the trial court on custody issues. Cf. Gerscovich v. Gerscovich, 406 So.2d 1150 (Fla. 5th DCA 1981). Because both parents have continued to reside in the same neighborhood after separation, and each has demonstrated their sincere desire to continue a strong and positive relationship with the child, we believe both should be given an opportunity to do so, provided the arrangement does not prove harmful to the child. The trial court made explicit findings that the custody arrangement would also minimize the conflicts between the parties while assuring extensive participation by each in the care and nurturing of the child. The parents here demonstrated not only sincere concern, but also that their employment schedules would facilitate, rather than hinder, the custody arrangement.

We reverse the denial of attorney's fees and costs to the former wife because of the existence of an undisputed and substantial disparity in the incomes of the parties. We reject the former husband's assertion that the wife is able to pay these fees out of other awards made to her. The purpose of the other awards, such as rehabilitative alimony, would be substantially undermined if they were required to be used for attorney's fees.

Accordingly, we affirm the final judgment of dissolution but reverse the denial of fees to the wife and remand with directions that reasonable fees and costs be awarded.

GLICKSTEIN, C.J., and ANSTEAD and KLEIN, JJ., concur.


Summaries of

Pfeifer v. Pfeifer

District Court of Appeal of Florida, Fourth District
Apr 21, 1993
616 So. 2d 1190 (Fla. Dist. Ct. App. 1993)

affirming rotating custody arrangement permitting each parent to have custody of child a portion of each week where both parents continued to reside in the same neighborhood after separation

Summary of this case from Chapman v. Prevatt

In Pfeifer v. Pfeifer, 616 So.2d 1190 (Fla. 4th DCA 1993), this court concluded that a custody arrangement in which the child spent a portion of every week with each parent was acceptable in light of the unique circumstances of that case, including the fact that the parents' employment schedules facilitated the arrangement, and the arrangement minimized conflicts between the parents.

Summary of this case from Bracken v. Bracken
Case details for

Pfeifer v. Pfeifer

Case Details

Full title:CYNTHIA CARRIE PFEIFER, APPELLANT/CROSS-APPELLEE, v. STANLEY JOHNSON…

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 21, 1993

Citations

616 So. 2d 1190 (Fla. Dist. Ct. App. 1993)

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