EVELYN GAYLE GREEN, APPELLANT,
v.
JAMES MARK GREEN, APPELLEE
[*772] WIGGINTON, Judge.
Appellant appeals the trial court’s order modifying the final judgment of dissolution of the marriage of the parties by changing primary custody of the parties’ two minor children from appellant to appellee. Noting especially the extraordinary burden imposed upon a noncustodial parent seeking to modify a prior award of custody, we reverse due to lack of findings in the order on appeal and lack of evidence in the record showing a substantial change in circumstances that adversely affects the children’s best interests. See Peaden v. Slatcoff, 522 So. 2d 959 (Fla. 1st DCA 1988); Zediker v. Zediker, 444 So. 2d 1034 (Fla. 1st DCA 1984); Culpepper v. Culpepper, 408 So. 2d 782 (Fla. 2d DCA 1982).
REVERSED.
ERVIN and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Stagaman v. Fontenot, 532 So. 2d 44 (Fla. 1st DCA 1988)…lear that, regardless of the original custodian, to effect a change in custody the noncustodial parent has the “extraordinary burden” to show a substantial change in circumstances that adversely affects the children’s best interests. Green v. Green, 523 So. 2d 771 (Fla. 1st DCA 1988); Purdon v. Purdon, 529 So. 2d 334 (Fla. 1st DCA 1988). The wife did not carry her burden in this case, and modification was correctly denied. However, the amount of child support awarded must be reversed and the issue reconside…
Authorities Cited
- Zediker v. Zediker, 444 So. 2d 1034 (Fla. 1st DCA 1984)
- Culpepper v. Culpepper, 408 So. 2d 782 (Fla. 2d DCA 1982)
- Peaden v. Julie C. (Peaden) Slatcoff, 522 So. 2d 959 (Fla. 1st DCA 1988)