A child custody and visitation case was recently decided by the Florida Court of Appeal in a case captioned Frye v. Cuomo. In this case, the parties were married for nine-years. They had two minor children at the time of the divorce. The mother filed a Petition for Dissolution of Marriage, citing the father's history of alcohol abuse. As a condition to exercise timesharing, the trial court required the father to completely abstain from alcohol, and ordered the father to submit to blood alcohol testing at the beginning of every visitation and at the end of every visitation. The lower court also awarded the mother the authority to demand immediate and periodic testing of the father at any time, and required the Father to pay for the cost of the testing device.
A Child Custody and Visitation case involving emergency intervention by the Court was recently decided by the Florida Court of Appeal in a case captioned McAbee v. McAbee. In this case the parents married in South Carolina and divorced in Virginia. They have one child. The mother alleged that the father sexually abused the child in Virginia and in Florida. The father admitted to sexually abusing the child in letters that he sent to the mother. The father also documented to having a sex addiction. The father later denied the sexual abuse and claimed that the sex addiction was a reaction to taking certain medication. The mother filed for custody in Virginia and a psychologist stated that the father was no threat to the child. The father moved to Florida and filed for divorce in Virginia. The mother also moved to Florida. The Virginia court granted the father supervised time-sharing. The mother petitioned for relief in Florida and the case was dismissed. Later on, the Virginia court gave the father graduated timesharing. The mother filed more petitions in Florida and the Florida court denied her petitions. The mother moved to South Carolina with the child. The Virginia court then awarded the father sole custody. The mother sought a protective order in South Carolina, which was denied. The mother then filed an action in Broward County, Florida. The Broward County judge found that the child had been abused. The court issued an injunction and ordered the child to have no contact with the father.