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Carbonell v. Carbonell

District Court of Appeal of Florida, Third District
Jun 1, 1982
414 So. 2d 625 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-1489.

June 1, 1982.

Appeal from the Circuit Court for Dade County, Phillip W. Knight, J.

Paige Catlin and Steven H. Hibbe, Miami, for appellant.

Neil Chonin, Coral Gables, for appellee.

Before BASKIN, DANIEL S. PEARSON and FERGUSON, JJ.


The mother's reliance on Viltz v. Viltz, 384 So.2d 1348 (Fla.3d DCA 1980), in which we held that there is no per se rule that it is in the best interests of a child who is a citizen of the United States to be raised in the United States, is misplaced, in light of the trial court's findings, supported by substantial evidence, that for quite different reasons the best interests of this child in this case would now be served by being placed in the custody of the father, who happens to reside in the United States. The trial court was in the best position to make these findings, and we will not disturb them. See Shaw v. Shaw, 334 So.2d 13 (Fla. 1976); Kern v. Kern, 333 So.2d 17 (Fla. 1976); Barnhill v. Barnhill, 353 So.2d 923 (Fla. 4th DCA 1978); O'Connor v. O'Connor, 347 So.2d 438 (Fla.3d DCA 1977).

Affirmed.


Summaries of

Carbonell v. Carbonell

District Court of Appeal of Florida, Third District
Jun 1, 1982
414 So. 2d 625 (Fla. Dist. Ct. App. 1982)
Case details for

Carbonell v. Carbonell

Case Details

Full title:HELEN CARBONELL (CRIADO), APPELLANT, v. ALFREDO CARBONELL, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jun 1, 1982

Citations

414 So. 2d 625 (Fla. Dist. Ct. App. 1982)