5D03-2406 Lowrey v. Lee

State: Florida

Court: Florida Fifth District Court

Docket No: 5D03-2406

Case Date: 05/24/2004

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2004

AMANDA KELLY LOWREY, Appellant, v. Case No. 5D03-2406 JOSHUA HARRIS LEE, Appellee. / Opinion filed May 28, 2004 Appeal from the Circuit Court for Marion County, S. Sue Robbins, Judge Carol Ann Volini, Ocala, for Appellant. Robert L. Appleget, Jr. of Trow, Appleget & Perry, Ocala, for Appellee. PER CURIAM. Amanda Lowery appeals a final paternity judgment designating Joshua Lee as primary residential custodian of the parties' minor child. We affirm. Appellate 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). conclusions. Trial 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. AFFIRMED. Competent substantial evidence supports each of the trial judge's

PETERSON, PALMER and ORFINGER, JJ., concur.

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