Young v. Hector - 740 So. 2d 1153 (Fla. Dist. Ct. App. 1999)

Rule:

If there is substantial competent evidence to support the trial court's determination, it is firmly established that a trial court cannot be deemed to have abused its discretion and its ruling must be left undisturbed on appeal. Appellate courts are never permitted to retry a court's determination in this regard de novo or reweigh the evidence.

Facts:

The trial court awarded custody of two minor children to the respondent mother. Petitioner father contended on appeal that the trial court abused its discretion when it awarded custody of the minor children to the mother. According to the petitioner father, he was the primary caretaker of the two children in the three years preceding the dissolution proceeding. 

Issue:

Did the trial court abuse its discretion when it awarded custody of the minor children to the mother? 

Answer:

No.

Conclusion:

On review, the court affirmed, holding given a choice between the mother, who maintained constant steady employment throughout the marriage to support the children (regardless of the amount of her income), and the father who unilaterally and steadfastly refused to do the same, the trial court's designation of the mother as custodial parent could not be deemed an abuse of discretion. The court also relied on the report of the guardian ad litem, which also recommended that the mother be named primary custodial parent.