PATRICIA LEE MULFORD, APPELLANT,
v.
L. PATRICK SULLIVAN, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appellate court affirmed modification of custody from mother to father where expert testimony established the child was suffering emotional problems related to the current custodial arrangement and that a change would be in the child's best interests, despite the mother's argument that residence changes, visitation difficulties, and remarriage alone do not constitute sufficient changed circumstances.
A change in custody is justified when expert testimony demonstrates that the child is suffering emotional problems related to the current custodial arrangement and that transferring custody would be in the child's best interests, even though residence changes, visitation difficulties, and remarriage alone are insufficient grounds.
[1] Expert testimony that a child is suffering emotional problems related to the current custodial arrangement and that a change in custody would alleviate those problems and…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the fact that she has changed residences, the parties have experienced visitation difficulties, and both parties have remarried does not generally constitute a change of circumstances sufficient to justify a change in custody”
The court agreed with the mother's general legal principle but distinguished the case based on additional evidence of the child's emotional problems.
Patricia Lee Mulford appealed an order modifying the final judgment of dissolution that transferred custody of the parties' youngest child from the mo…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Modification Of Custody cases and more on FLexlaw
PER CURIAM.
The mother appeals from an order modifying the final judgment of dissolution, transferring the custody of the parties’ youngest child from the mother to the father. She contends the fact that she has changed residences, the parties have experienced visitation difficulties, and both parties have remarried does not generally constitute a change of circumstances sufficient to justify a change in custody. We agree. McIntyre v. McIntyre, 452 So. 2d 14 (Fla. 1st DCA 1984); Zediker v. Zediker, 444 So. 2d 1034 (Fla. 1st DCA 1984); Tallent v. Tallent, 440 So. 2d 623 (Fla. 2d DCA 1983); Robinson v. Robinson, 333 So. 2d 526 (Fla. 2d DCA 1976); and Ritsi v. Ritsi, 160 So. 2d 159 (Fla. 3d DCA 1964), cert. denied, 166 So. 2d 591 (Fla.1964). However, in addition to the factors already enumerated, the record in this case demonstrates that the parties’ youngest child is suffering emotional problems which have evolved since the divorce and which have been related to the present custodial arrangement by expert testimony. Moreover, the father presented testimony from an expert witness that a change in custody would likely alleviate the child’s problems and that a change would be in the child’s best interests. On these facts, we are persuaded to affirm.
AFFIRMED.
SMITH, SHIVERS and WIGGINTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Zediker v. Zediker, 444 So. 2d 1034 (Fla. 1st DCA 1984)
- Ritsi v. Ritsi, 160 So. 2d 159 (Fla. 3d DCA 1964)
- McINTYRE v. Nance Ruth McINTYRE, 452 So. 2d 14 (Fla. 1st DCA 1984)
- Robinson v. Robinson, 333 So. 2d 526 (Fla. 2d DCA 1976)
- Ne. Polk Cnty. Hosp. Dist. v. Williams, 166 So. 2d 591 (Fla. 1964)
- Garcia v. Garcia, 166 So. 2d 591 (Fla. 1964)
- Tallent v. Tallent, 440 So. 2d 623 (Fla. 2d DCA 1983)