5D07-3461 Gerencser v. Mills

State: Florida

Court: Florida Fifth District Court

Docket No: 5D07-3461

Case Date: 01/26/2009

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2009

KAIANNA MARIE GERENCSER, Appellant, v. DAVID MILLS, Appellee. ________________________________/ Opinion filed January 30, 2009 Appeal from the Circuit Court for Marion County, S. Sue Robbins, Judge. Lora S. Scott, Orlando, for Appellant. Diane Dylewski, Ocala, for Appellee. Case No. 5D07-3461

ORFINGER, J. Kaianna Marie Gerencser, the mother, appeals a supplemental final judgment granting David Mills, the father's, supplemental petition to modify parental

responsibility/visitation and changing custody and primary residential responsibility from her to the father. We find the trial court's decision to be premised on competent

substantial evidence and affirm the order in all respects except as discussed hereafter. Paragraph 5 of the trial court's order provides: 5. Continued Applicability of the Settlement Agreement. Except as it is specifically modified by this supplemental final judgment, the terms of the

parties' settlement agreement continues to apply and specifically requires them to consult and to make joint decisions for the children rather than unilateral decisions. They are encouraged to employ the services of a professional mediator, parenting coordinator, or other professional to assist them in their efforts to communicate for the good of their children. If after consulting with each other and considering the opinions of one another they are unable to reach an agreement on an issue such as where a child will be enrolled in school or daycare, where or if a child will attend church or other religious services, and what doctor a child will see, the primary residential parent will have ultimate decision-making authority on those issues. (Emphasis added). The mother contends that giving the father final say on all matters regarding the children is inconsistent with the notion of shared parental responsibility. We agree. Under the principle of shared parental responsibility, major decisions affecting the welfare of a child are to be made after the parents confer and reach an agreement. See

Download 5D07-3461 Gerencser v. Mills.pdf