TIMOTHY GOOD, APPELLANT,
v.
LISA GOOD, APPELLEE
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The Third District reversed a trial court's modification of custody, holding that the former wife failed to establish a substantial and material change of circumstances required to modify a custody order.
A petition to modify custody must demonstrate both a substantial and material change of circumstances since the final judgment and that the change is in the child's best interest.
[1] A parent seeking modification of an existing custody order bears an extraordinary burden and must prove both a substantial and material change of circumstances since the…
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Join FLexlaw to unlock all legal intelligence“(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”
Statement of the two-part test required for modification of custody orders, citing Jablon v. Jablon.
A former husband appealed a trial court's grant of the former wife's petition to modify custody. The former wife's lifestyle and personal living condi…
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PER CURIAM.
The former husband brings this appeal claiming that the trial court was in error in granting the former wife’s petition for modification of custody. We reverse.
The former husband contends that the former wife’s petition was granted despite the fact that the record herein fails to support the former wife’s argument that there has been a substantial change of circumstances. We agree. Although the evidence supports the former wife’s claim that her lifestyle and personal living conditions have improved greatly, that is not the test. The record does not establish, or even indicate, that the circumstances involved in the custody of the child have changed to any degree. In order for the former wife to be entitled to have her petition properly granted, she would have to meet her “extraordinary” burden of proving “... (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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Perez v. Perez, 767 So. 2d 513 (Fla. 3d DCA 2000)…part standard (substantial and material change in circumstances that promotes child’s best interests) announced in Zediker v. Zediker, 444 So. 2d 1034 (Fla. 1st DCA 1984). See Harp v. Null, 658 So. 2d 1218 (Fla. 1st DCA 1995). See also Good v. Good, 664 So. 2d 329 (Fla. 3d DCA 1995). The detriment-to-the-child standard obviously conflicts with Florida’s shared parenting law, which extends to both parents the same rights, interests, and control in the upbringing of their minor children. Moreover, it appears t…1 / 2
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Lane v. Lane, 16 So. 3d 179 (Fla. 5th DCA 2009)…udgment based on the parties’ agreement. See, e.g., Adorno v. Rivera, 847 So. 2d 1018, 1019 (Fla. 5th DCA 2003); Agranoff v. Agranoff, 882 So. 2d 1085, 1086 (Fla. 2d DCA 2004); Jannotta v. Hess, 959 So. 2d 373, 374 (Fla. 1st DCA 2007); Good v. Good, 664 So. 2d 329, 330 (Fla. 3d DCA 1995). The trial court was right to be concerned with the last factor and its implications. Depending on the evidence, such conduct, if improper, could warrant a change. The only evidence in the record concerning Donna’s conduct,…
Authorities Cited
- Stricklin v. Stricklin, 383 So. 2d 1183 (Fla. 5th DCA 1980)
- State v. Cary Arnold, 579 So. 2d 902 (Fla. 4th DCA 1991)
- Purdon v. Purdon, 529 So. 2d 334 (Fla. 1st DCA 1988)