Cynthia D. CLARK, Appellant,
v.
Edward G. CLARK, Appellee.
District Court of Appeal of Florida, First District.
Appellant, pro se.
David C. Gaskin, Wewahitchka, for Appellee.
BENTON, J.
Cynthia D. Clark appeals the supplemental final judgment that awarded primary residential custody of the parties' minor child to her former husband, Edward G. Clark. The trial court relied on evidence outside the record in deciding the question of custody, and made no finding that awarding custody to Mr. Clark was in the child's best interests. For both these reasons, we reverse and remand for further proceedings.
Before entering final judgment, the trial court had awarded temporary custody of the child to Mr. Clark. In the final judgment of dissolution, the trial court reserved jurisdiction to determine permanent primary residence and visitation rights post-dissolution. After a subsequent *1017 hearing, which was not transcribed, the trial court entered a supplemental final judgment, which provides in relevant part as follows:
THIS MATTER having come before this Court on November 22, 2001 for a re-hearing to determine the primary residence of the parties minor child, ... the Court finds as follows:
1. That the Former Wife's circumstances do not provide the highest degree of stability;
2. That though no evidence was presented, the neighborhood in which the Former Wife is residing is dangerous;
3. That the Former Wife is in a position to provide financial support for the parties minor child;
4. It is therefore
ORDERED AND ADJUDGED that the Former Wife is ordered to pay child support in the amount of $209.00 per month to the Former Husband ...;
ORDERED AND ADJUDGED that the Former Wife should have standard visitation in accordance with the Standard Visitation Schedule which is attached hereto and incorporated herein by reference.
ORDERED AND ADJUDGED this 23rd day of Aug., 2001.
While the supplemental final judgment does not expressly designate Mr. Clark the child's primary residential parent, it does so implicitly in that it orders Ms. Clark to pay child support and grants her visitation rights. See Langford v. Ortiz,
A trial court need not make separate findings as to each of the factors in section 61.13(3), but it must find, at a minimum, that its custody determination is in the best interests of the child. See Duchesneau v. Duchesneau,
[I]n the context of shared parental responsibility, ... a trial court's ultimate finding, expressed either on the record or in the final judgment, that an award of primary residential custody to one parent is in the best interests of a child, is sufficient to sustain the award so long as there is substantial competent evidence in the record that permits the court to properly evaluate the relevant factors.
Bader,
Although the hearing was not transcribed, and Ms. Clark cannot be heard to complain about the force or weight of the evidence adduced there, see Applegate v. Barnett Bank,
The supplemental final judgment is also erroneous as a matter of law because it relies, at least in part, on matters outside the record. The trial court conceded in the supplemental final judgment that "no evidence was presented" to support its finding that the "neighborhood in which the Former Wife is residing is dangerous." With exceptions not pertinent here, findings by a trial court must be based on evidence. See, e.g., Dinkel v. Dinkel,
Accordingly, we reverse the supplemental final judgment and remand for further proceedings consistent with this opinion.
BOOTH and VAN NORTWICK, JJ., concur.
