667 So. 2d 337 | Fla. Dist. Ct. App. | 1995
We affirm the corrected final judgment of dissolution of marriage in part, and reverse in part. We agree with appellant that trial courts should determine all matters regarding child custody in accordance with the best interests of the child, defined to “include an evaluation of all factors affecting the welfare and interests of the child.” § 61.13(3), Fla.Stat. (1993). Here the former wife has no basis to complain about the scope of the inquiry, however, since the trial court granted her requests regarding parental responsibility, primary residence, and visitation. The minor child remains, moreover, under the protective aegis of the trial court which can modify its award if circumstances require. § 61.13(2)(c), Fla.Stat. (1993).
The trial court erred in restricting the former wife’s ability to relocate, because
Paragraph five of the corrected final judgment which contains the restriction on relocation is accordingly reversed. See Mize v. Mize, 621 So.2d 417 (Fla.1993) (assuming that a “final judgment incorporating] a prohibition against the relocation of the child ... reflect[s] that the issue was litigated”). The corrected final judgment of dissolution of marriage is otherwise affirmed.