Florida: Appeals Court Reverses Holding of Rotating Custody...BY: DANICA H.

Link for opinion: https://a.next.westlaw.com/Document/I44cdb34ddcbc11e2a160cacff148223f/View/FullText.html?navigationPath=Search%2Fv3%2Fsearch%2Fresults%2Fnavigation%2Fi0ad6040b00000140cb5df18dee2744c4%3FNav%3DCASE%26fragmentIdentifier%3DI44cdb34ddcbc11e2a160cacff148223f%26startIndex%3D1%26contextData%3D%2528sc.Search%2529%26transitionType%3DSearchItem&listSource=Search&listPageSource=2c4116967f85d12ae825a0ea758e828f&list=CASE&rank=5&grading=na&sessionScopeId=e5ea9c155e79a2f997c476a99decc47b&originationContext=Search%20Result&transitionType=SearchItem&contextData=%28sc.Search%29 The District Court of Appeal of Florida, First District held in Waybright v. Johnson-Smith, 115 So.3d 445, 38 Fla. L. Weekly D1393 that the trial court erred in categorically excluding alleged police reports of mother’s criminal activity, and the trial court erred in ordering rotating child custody. The father of the child, Jesse Lee Waybright appealed a final order that established visitation and residential custody with the child (S.L.W) he fathered with appellee. In 2012, Waybright filed a petition to establish paternity and other relief. He requested sole physical custody of the child while allowing the mother only supervised visitation. He claimed that the mother had a criminal history, was unable to support the child financially, and had a transient lifestyle. At the hearing, Waybright presented police reports that stated the mother committed acts of violence against him. However, the court denied the written statements. The court then ordered rotating custody on a weekly basis with Waybright being responsible for transportation. On appeal, the Court found that “domestic violence and other forms of violent behavior are probative matters in a child custody case.” They ordered a new trial on the basis that the police statements in regards to the mother’s violent history should have been allowed and that there were no findings to support that either party requested weekly rotating custody schedule.