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Creach v. Creach

District Court of Appeal of Florida, Third District
Dec 15, 1987
516 So. 2d 1060 (Fla. Dist. Ct. App. 1987)

Opinion

No. 87-1414.

December 15, 1987.

Appeal from the Circuit Court, Dade County, Milton A. Friedman, J.

Guy Spiegelman, Miami, for appellant.

No appearance, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.


We agree with the appellant wife that the trial court abused its discretion in granting the ex-husband unsupervised visitation of their child. It is uncontroverted that the ex-husband had no contact with the child from birth through the first three years. The court refused to receive any testimony regarding the ex-husband's present condition or his level of rehabilitation from drug and alcohol abuse. We, accordingly, reverse the order permitting unsupervised visitation and direct the trial court to conduct an evidentiary hearing on this issue. See Gavronsky v. Gavronsky, 403 So.2d 627 (Fla. 1st DCA 1981); Baker v. Baker, 377 So.2d 776 (Fla. 4th DCA 1979); Adams v. Adams, 376 So.2d 1204 (Fla. 3d DCA 1979), cert. denied, 388 So.2d 1109 (Fla. 1980).

Reversed and remanded with directions.


Summaries of

Creach v. Creach

District Court of Appeal of Florida, Third District
Dec 15, 1987
516 So. 2d 1060 (Fla. Dist. Ct. App. 1987)
Case details for

Creach v. Creach

Case Details

Full title:BRENDA EVETTE GLENN CREACH, APPELLANT, v. BRIAN WILLIAM CREACH, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Dec 15, 1987

Citations

516 So. 2d 1060 (Fla. Dist. Ct. App. 1987)

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