Winters v. Brown
51 So. 3d 656
| Fla. Dist. Ct. App. | 2011Background
- Parents are nonmarital, share a minor child; dispute over the child’s health care and vaccinations arose from religious beliefs; mother is a chiropractor who opposes vaccines and obtained a school immunization exemption; father advocates traditional medical care including vaccinations; trial court held hearings with experts on vaccination efficacy; court awarded father ultimate responsibility for health care and vaccinations and later awarded mother substantial timesharing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether father should have ultimate authority over the child’s health care and vaccinations | Mother argues her religious beliefs require control over health care | Brown contends his medical approach is in the child’s best interests | Award to Father affirmed |
| Whether substantial timesharing to Mother is supported by the record | Father argues for less or different timesharing terms | Brown contends the record supports a different schedule | Timesharing to Mother affirmed |
Key Cases Cited
- McGrath v. Mountain, 784 So.2d 607 (Fla. 5th DCA 2001) (standard for affirming immunization decision with substantial evidence)
- Lonergan v. Estate of Budahazi, 669 So.2d 1062 (Fla. 5th DCA 1996) (review of trial court judgments; deference to fact-findings)
- Mesa v. Mesa, 652 So.2d 456 (Fla. 4th DCA 1995) (exception to restricting religious exposure when harm to child is shown)
- Kelly v. Colston, 32 So.3d 186 (Fla. 1st DCA 2010) (best interests require explicit findings supporting time-sharing decisions)
- Clark v. Clark, 825 So.2d 1016 (Fla. 1st DCA 2002) (record must include findings on best-interests factors)