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Reversed Trial Court Order That Did Not Restrict Allergic Child From Being Around Dogs

March 30, 2016 by  
Filed under Uncategorized

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In Palmer v. Palmer, the Fifth District Court of Appeals for the State of Florida reversed a trial court order that did not restrict a minor child from being exposed to dogs given the minor child’s allergies and the testimony of his health care providers that  because of his allergies the minor child should not be around dogs.

While the former wife also appealed the trial court having reopened the case to hear evidence of the former wife having broken into the former husband’s car to take an allergy medication and the trial courts award of equal time-sharing to both parents the Court affirmed the trial court’s judgment on those issues.

The Court stated in pertinent part:

The only issue that we find to be an abuse of the trial court’s discretion was the decision not to restrict the allergic child’s exposure to dogs. While dogs were one cause among several for the child’s allergies, every physician involved opined that the child should avoid canine exposure as much as possible. Despite the many benefits we acknowledge pets may offer, even Former Husband does not suggest that having the child around dogs at this point in his life is in the child’s best interest. Accordingly, we remand for entry of an order appropriately limiting the youngest child’s exposure to dogs.

 

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