Miller v. Miller, 842 So. 2d 168 (Fla. 1st DCA 2003). · Go Syfert
Miller v. Miller, 842 So. 2d 168 (Fla. 1st DCA 2003). Cases Citing This Book View Copy Cite
25 citation events (25 in the last 25 years) across 1 distinct court.
Strongest positive: Michael S. Melton v. Sandra M. Melton (fladistctapp, 2025-09-12)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 19 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Michael S. Melton v. Sandra M. Melton
Fla. Dist. Ct. App. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
it is well settled that a trial court has broad discretion in child custody matters . . . .
discussed Cited as authority (verbatim quote) Lori Michele Hoyt, f/k/a Lori Michele etc. v. Brian Andrew Chalker, Father
Fla. Dist. Ct. App. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is well settled that a trial court has broad discretion in child custody matters, and its decision in that regard is reviewed for an abuse of discretion.
discussed Cited as authority (verbatim quote) Hudson v. Hudson
Fla. Dist. Ct. App. · 2017 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
it is well settled that a trial court has broad discretion in child custody matters, and its decision in that regard is reviewed for an abuse of discretion.
cited Cited as authority (rule) LYNETTE LOGREIRA v. EFRAIN LOGREIRA
Fla. Dist. Ct. App. · 2021 · confidence medium
Miller v. Miller, 842 So. 2d 168, 169 (Fla. 1st DCA 2003) (citation omitted).
cited Cited as authority (rule) Meggan Elizabeth Miller v. Matthew Lee Miller
Fla. Dist. Ct. App. · 2019 · confidence medium
Miller v. Miller, 842 So. 2d 168, 169 (Fla. 1st DCA 2003).
discussed Cited as authority (rule) Pena v. Rodriguez
Fla. Dist. Ct. App. · 2019 · confidence medium
See § 90.605(1), Fla. Stat. (2018) (“Before testifying, each witness shall declare that he or she will testify truthfully, by taking an oath or affirmation . . .”); Houck v. State, 421 So. 2d 1113, 1116 (Fla. 1st DCA 1982) (“An unsworn witness is not competent to testify.”) (citing Crockett v. Cassels, 95 Fla. 851 , 116 So. 865 (1928)). 3 842 So. 2d 168, 169 (Fla. 1st DCA 2003) (citations omitted); see Turnier v. Stockman, 139 So. 3d 397, 400 (Fla. 3d DCA 2014) (“We review the trial court’s final judgment establishing a parenting plan for an abuse of discretion.” (citations omit…
discussed Cited as authority (rule) Mary Grace Vinson v. Tommy Junior Vinson
Fla. Dist. Ct. App. · 2019 · confidence medium
Moreover, although section 61.13(3) does indeed set forth a lengthy list of factors concerning the best interests of the child that the trial court should evaluate in determining issues of shared parental responsibility, “there is no statutory requirement that the trial court make specific written findings in a custody decision.” Id.; accord Neville v. McKibben, 227 So. 3d 1270, 1273 (Fla. 1st DCA 2017); Hindle v. Fuith, 33 So. 3d 782, 785 (Fla. 5th DCA 2010) (“Thus, a final judgment is not erroneous simply for failing to list the factors on which it relied in making its determination.�…
discussed Cited as authority (rule) Mary Grace Vinson v. Tommy Junior Vinson
Fla. Dist. Ct. App. · 2018 · confidence medium
Moreover, although section 61.13(3) does indeed set forth a lengthy list of factors concerning the best interests of the child that the trial court should evaluate in determining issues of shared parental responsibility, “there is no statutory requirement that the trial court make specific written findings in a custody decision.” Id.; accord Neville v. McKibben, 227 So. 3d 1270, 1273 (Fla. 1st DCA 2017); Hindle v. Fuith, 33 So. 3d 782, 785 (Fla. 5th DCA 2010) (“Thus, a final judgment is not erroneous simply for failing to list the factors on which it relied in making its determination.�…
cited Cited as authority (rule) Betty Caitlin Nicole Smith v. Zachary Taylor Daniel
Fla. Dist. Ct. App. · 2018 · confidence medium
J.N.S. v. A.M.A., 194 So. 3d 559, 560 (Fla. 5th DCA 2016); Miller v. Miller, 842 So. 2d 168, 169 (Fla. 1st DCA 2003).
cited Cited as authority (rule) Hailey A. Neville, Mother v. Ryan A. McKibben, Father
Fla. Dist. Ct. App. · 2017 · confidence medium
Miller v. Miller, 842 So.2d 168, 169 (Fla. 1st DCA 2003); Adair v. Adair, 720 So.2d 316, 317 (Fla. 4th DCA 1998).
cited Cited as authority (rule) J.L.B. v. S.J.B.
Fla. Dist. Ct. App. · 2014 · confidence medium
Schwieterman v. Schwieterman, 114 So.3d 984, 987 (Fla. 5th DCA 2012) (citing Miller v. Miller, 842 So.2d 168, 169 (Fla. 1st DCA 2003)).
cited Cited as authority (rule) Schwieterman v. Schwieterman
Fla. Dist. Ct. App. · 2012 · confidence medium
Miller v. Miller, 842 So.2d 168, 169 (Fla. 1st DCA 2003).
discussed Cited as authority (rule) Ferri v. Apple
Fla. Dist. Ct. App. · 2005 · confidence medium
“Despite a conflict in the evidence, an appellate court will not disturb a trial court’s custody decision unless there is no substantial competent evidence to support that decision.” Miller v. Miller, 842 So.2d 168, 169 (Fla. 1st DCA 2003) (citations omitted) (quoting Adair v. Adair, 720 So.2d 316, 317 (Fla. 4th DCA 1998)).
discussed Cited as authority (rule) Burnham v. Burnham
Fla. Dist. Ct. App. · 2004 · confidence medium
See Artuso v. Dick, 843 So.2d 942, 944 (Fla. 4th DCA 2003); Miller v. Miller, 842 So.2d 168, 169, 170 (Fla. 1st DCA 2003). (b) Attorney's Fees The judgment states that the former wife has established a need for contribution to the attorney's fees which have been incurred and that the former husband's superior earning capacity demonstrates that he had the ability to contribute to the need.
discussed Cited "see" Elisia D. Preudhomme, Former Wife v. Kenneth Preudhomme, Former Husband
Fla. Dist. Ct. App. · 2018 · signal: see · confidence high
See Miller v. Miller, 842 So. 2d 168, 169 (Fla. 1st DCA 2003) (noting that a trial court has broad discretion in child custody matters, and the appellate court must affirm if competent, substantial evidence supports the court’s findings, even if there is conflicting evidence).
discussed Cited "see" Wojciechowski v. Clark (2×)
Fla. Dist. Ct. App. · 2016 · signal: see · confidence high
See Schwieterman v. Schwieterman, 114 So. 3d 984, 987 (Fla. 5th DCA 2012) (citing Miller v. Miller, 842 So. 2d 168, 169 (Fla. 1st DCA 2003)).
discussed Cited "see" Neuman v. Harper
Fla. Dist. Ct. App. · 2013 · signal: see · confidence high
See Miller v. Miller, 842 So.2d 168, 169 (Fla. 1st DCA 2003) (noting a trial court’s decision regarding child custody matters is reviewed for an abuse of discretion).
discussed Cited "see" Bainbridge v. Pratt (2×)
Fla. Dist. Ct. App. · 2011 · signal: see · confidence high
See Miller v. Miller, 842 So.2d 168, 169 (Fla. 1st DCA 2003); Adair v. Adair, 720 So.2d 316, 317 (Fla. 4th DCA 1998).
cited Cited "see" Dudley v. Dudley
Fla. Dist. Ct. App. · 2005 · signal: see · confidence high
See Miller v. Miller, 842 So.2d 168, 169 (Fla. 1st DCA 2003).
Retrieving the full opinion text from the archive…
Sonia Simakova MILLER, Appellant,
v.
Daniel E. MILLER, Appellee.
1D01-4899.
District Court of Appeal of Florida, First District.
Mar 4, 2003.
842 So. 2d 168
Hawkes.
Cited by 23 opinions  |  Published

[*169] Ross A. Keene, Pensacola, for Appellant.

E. Jane Brehany, Pensacola, for Appellee.

HAWKES, J.

Appellant, Sonia Miller (the Wife) appeals the trial court's final order of dissolution of marriage which designated Appellee, Daniel Miller (the Husband) the primary residential custodian of the parties' minor children. As grounds, the Wife argues the trial court abused its discretion by designating the Husband primary residential custodian because the reasons cited by the trial court in support of its designation are not supported by the record, and do not satisfy the statutory requirements for custody determinations as set forth in sections 61.13(3)(a),(j), Florida Statutes. We find the trial court's reasons satisfy the statutory requirements of section 61.13(3), Florida Statutes, and the record contains a plethora of substantial competent evidence to support its designation. Accordingly, we affirm.

Section 61.13(3), Florida Statutes, requires a trial court, in deciding issues of shared parental responsibility and primary residence, to evaluate "all factors affecting the welfare and interests of the child" to determine the child's best interest. Adair v. Adair, 720 So.2d 316, 317 (Fla. 4th DCA 1998); Mian v. Mian, 775 So.2d 357, 358-359 (Fla. 2d DCA 2000). It is well settled that a trial court has broad discretion in child custody matters, and its decision in that regard is reviewed for an abuse of discretion. Adair, 720 So.2d at 317; see also Sullivan v. Sullivan, 668 So.2d 329, 330 (Fla. 4th DCA 1996). Where reasonable persons could differ as to the trial court's ruling, there is no abuse of discretion. See Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980). "Despite a conflict in the evidence, an appellate court will not disturb the trial court's custody decision unless there is no substantial competent evidence to support that decision." Adair, 720 So.2d at 317; see also Undercuffler v. Undercuffler, 798 So.2d 867, 870 (Fla. 4th DCA 2001). Moreover, "there is no statutory requirement that the trial court make specific written findings in a custody decision." Adair, 720 So.2d at 317 (citing Murphy v. Murphy, 621 So.2d 455, 456-457 (Fla. 4th DCA 1993)); see also Ford v. Ford, 700 So.2d 191 (Fla. 4th DCA 1997).

Sub judice, the Wife argues the trial court failed to give weight to evidence indicating she should be designated primary residential custodian. We acknowledge the record contains evidence which could support a ruling designating her primary residential custodian. However, as this court has previously stated "[i]t is not our function to reweigh the evidence or to substitute our judgment for that of the trial court." Cole Taylor Bank v. Shannon, 772 So.2d 546, 552 (Fla. 1st DCA 2000) (quoting Smith v. Sears, Roebuck & Co., 681 So.2d 871 (Fla. 1st DCA 1996)); Clegg v. Chipola Aviation, Inc., 458 So.2d 1186, 1187 (Fla. 1st DCA 1984). The appellate court merely determines whether the trial court's judgment is supported by substantial competent evidence. Cole Taylor Bank, 772 So.2d at 552; Smith, 681 So.2d at 871; Clegg, 458 So.2d at 1187.

In this case, the trial judge was faced with the always difficult task of determining which parent should be designated primary residential custodian, where the evidence could favor either parent. Despite there being no requirement, the trial judge provided a thorough, written evaluation of[*170] each of the factors contained in section 61.13(3), Florida Statutes. Each of the trial judge's findings were supported by substantial competent evidence. We commend the trial judge for his very thorough consideration of each element of section 61.13(3), and the detailed written opinion delineating each factor considered. The final order of the trial judge is

AFFIRMED.

BARFIELD and POLSTON, JJ., concur.