Alford v. Alford

I must dissent from the majority opinion, as it appears that the trial judge’s ruling to award primary physical residence of the four-year-old child to the father is based on matters which are not of record and which are not proved below. Further, the evidence presented and the current state of the law on the record here should require the award of custody of the minor child to the mother in view of the evidence of physical abuse committed by the father against the mother. § 61.13(2)(b)2, Fla.Stat. On the other hand, the evidence showed the mother to be a fit parent, and indeed, the trial…