JOAN ELIZABETH PURDON, APPELLANT,
v.
ALFRED PURDON, JR., APPELLEE

Fla. 1st DCA | 1988-07-29
No. 88-143
JOANOS and ZEHMER, JJ., concur.
529 So. 2d 334 Florida District Court of Appeal, First District (1988) Positive Treatment
Cited by 8 cases

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Synopsis

Joan Purdon appealed a trial court order modifying child custody from her to her ex-husband, Dr. Alfred Purdon. The appellate court affirmed the modification, holding that Dr. Purdon satisfied the extraordinary burden required for a non-custodial parent seeking custody modification by demonstrating a substantial and material change in circumstances.


Holding

The court affirmed the modification, holding that Dr. Purdon satisfied the extraordinary burden by demonstrating material changes in circumstances since the original custody determination, including removal of his military service obligation, establishment of a successful medical practice, and Scott's adolescent preference to reside with his father.


Headnotes

[1] Modification of child custody requires a substantial and material change in circumstances.

[2] A non-custodial parent seeking modification of a custody award bears an extraordinary burden.

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Key Quotes

“modification cannot be granted unless such a change in circumstances has occurred, and that a non-custodial parent seeking modification of a custody award has an "extraordinary burden."”

Establishes the legal standard for custody modification that the appellant must satisfy

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Facts & Procedural History

The parties' marriage was dissolved by Alabama decree in 1979, with Joan awarded custody of their son Scott. At that time, Dr. Purdon was an Army flig…

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Opinion of the Court
SMITH, Chief Judge.

SMITH, Chief Judge.

Appellant Joan Elizabeth Purdon seeks review of an order granting modification of primary residential custody in favor of the appellee, Alfred Purdon. We affirm.

The parties’ marriage was dissolved by an Alabama decree in 1979, at which time Mrs. Purdon was awarded custody of their only child, Scott. At the time of the dissolution, Dr. Purdon was training as an Army flight surgeon, and thus, his military commitment would not allow him to seek custody of Scott. Subsequently, Dr. Purdon completed his service commitment and has since started practicing medicine in Michigan. Mrs. Purdon has lived in Gainesville with Scott since the dissolution.

In August 1986, Dr. Purdon petitioned to establish the Alabama decree as a Florida judgment and additionally sought modification of that decree. The foreign decree was established by joint stipulation, and the lower court, after ordering family mediation and after conducting a hearing, ordered that primary residential responsibili ty be transferred from Mrs. Purdon to Dr. Purdon. A modification of alimony was also ordered, but that modification has not been appealed.

Mrs. Purdon argues that the modification of child custody was in error since there has not been a substantial and material change in circumstances. She correctly states that modification cannot be granted unless such a change in circumstances has occurred, and that a non-custodial parent seeking modification of a custody award has an “extraordinary burden.” Zediker v. Zediker, 444 So. 2d 1034 (Fla. 1st DCA 1984).

We think Dr. Purdon satisfied that burden. Circumstances have materially changed since the original custody determination, and we agree with the lower court that these changes justify a change in primary physical residence. First, the principle obstacle to the exercise of physical custody, Dr. Purdon’s military commitment, has been removed. Dr. Purdon, who has always manifested an intense interest in and concern for his son, has settled in Michigan with his second wife to a successful practice, and is now able to more fully assume his duties and responsibilities as father of the child. Moreover, Scott, who has been in regular contact with his father, is now an adolescent and strongly desires to be with his father. The trial court noted and the record reflects that under his mother's primary care Scott has developed into an intelligent, well-adjusted and exceptionally mature individual. Notwithstanding Scott’s strong attachment to and love for his mother, he nevertheless has long manifested and in this proceeding testified to an unwavering preference to be with his father. The trial judge had before him ample testimony, including that of an expert witness, as to Scott’s changing needs and the benefits to be gained by allowing the child to more fully enjoy his already close relationship with his father. That the experienced trial judge carefully considered these and all other pertinent facts and applied the correct principles of law in determining the best interests of the child appears abundantly clear from the record before us.

It must be emphasized that especially in cases such as this the trial court has the superior vantage point because it has observed first-hand and over an extended period of time the participants and events which characterize this case. Although Mrs. Purdon, as the record clearly shows, is a competent and loving parent, the trial court’s finding of a substantial change of circumstances warranting modification of residential responsibility for the best interests of the child was not an abuse of discretion. See Adams v. Adams, 477 So. 2d 16 (Fla. 1st DCA 1985), and Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980).

Therefore, the order of modification is AFFIRMED.

JOANOS and ZEHMER, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Gaber v. Gaber, 536 So. 2d 381 (Fla. 3d DCA 1989)
    …l fitness). See also Eddy v. Staufer, 160 Fla. 944, 37 So. 2d 417 (1948) (en banc) (while minor child’s preference is never controlling in determining custody of child, desires of fifteen-year-old boy should be given great weight); Purdon v. Purdon, 529 So. 2d 334 (Fla. 1st DCA 1988) (removal of father’s military commitment coupled with adolescent son’s testimony of strong desire [*383] to be with father established substantial change of circumstances warranting modification of residential custody). I would…
  • Stagaman v. Fontenot, 532 So. 2d 44 (Fla. 1st DCA 1988)
    …fect 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 reconsidered by the court in light of the correct legal standar…
  • Good v. Good, 664 So. 2d 329 (Fla. 3d DCA 1995)
    …(1) that a substantial and material change of circumstances has occurred since the final judgment and (2) that a change in custody is in the child’s best interest.” Jablon v. Jablon, 579 So. 2d 902, 903 (Fla. 2d DCA 1991); see also Purdon v. Purdon, 529 So. 2d 334 (Fla. 1st DCA 1988); Stricklin v. Stricklin, 383 So. 2d 1183 (Fla. 5th DCA 1980). Accordingly, the order under review is reversed and this cause is remanded.…

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