Manney v. Manney

Full title: LISA MANNEY, Appellant, v. PAUL MANNEY, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Jul 21, 1999

736 So. 2d 811 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-3323.

Opinion filed July 21, 1999.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Thomas M. Lynch, IV, Judge; L.T. Case No. 98-3318-35.

Steven Fine of Steven Fine, P.A., Fort Lauderdale, for appellant.

James R. Eddy of James R. Eddy, P.A., Pompano Beach, for appellee.

PER CURIAM.

We affirm all aspects of the final judgment of July 30, 1998, except paragraphs 3 and 6, pertaining to custody and visitation of the minor child. Child custody should be decided based on the best interests of the child, not on the default of one of the parties. See Barnett v. Barnett, 718 So.2d 302 (Fla. 2d DCA 1998). We remand for the trial court to set another final hearing to address all aspects of the custody of the child, including child support.

GUNTHER, GROSS and HAZOURI, JJ., concur.