Opinion
No. 2D21-1450
07-06-2022
E.M., Appellant, v. E.G., Appellee.
Margaret H. White-Small, Longboat Key, for Appellant. No appearance for Appellee.
Margaret H. White-Small, Longboat Key, for Appellant.
No appearance for Appellee.
CASANUEVA, Judge. E.M., the Mother, appeals a circuit court order that approved and adopted a magistrate's recommended order. The magistrate recommended modifying the parties' parenting plan by giving E.G., the Father, sole parental responsibility, awarding him the majority of time-sharing with the child, and directing that the Mother is to have supervised visitation. We reject without discussion the Mother's arguments that competent, substantial evidence did not support the magistrate's findings pertaining to parental responsibility and time-sharing and that the court abused its discretion in adopting the recommendations. See R.S. v. S.K. , 313 So. 3d 901, 902 (Fla. 2d DCA 2021) ("An order granting or denying a petition to modify child custody is presumed correct and generally will not be disturbed on appeal absent a showing of an abuse of discretion." (citing Wade v. Hirschman , 903 So. 2d 928, 935 (Fla. 2005) )). We are not at liberty to reweigh the evidence and substitute our judgment for that of the trier of fact. See Porter v. State , 788 So. 2d 917, 923 (Fla. 2001) (holding that appellate court will not substitute its judgment for that of the circuit court on issues involving the credibility of the witnesses). We agree, however, that the circuit court abused its discretion in adopting the recommendation that the Mother's visitation with her child must be supervised.
A trial court has the discretion to limit or restrict a parent's visitation where it is necessary to protect the welfare of the child. Gavronsky v. Gavronsky , 403 So. 2d 627, 627 (Fla. 1st DCA 1981). Here, the magistrate made no factual findings as to the necessity for supervised visitation, and there is no evidence in the record to support the need for this restriction. Id. We therefore reverse that portion of the order requiring the Mother to have supervised visitation with the child.
Affirmed in part; reversed in part.
LaROSE and LABRIT, JJ., Concur.