DAVID ENYEART, APPELLANT,
v.
BARBARA STULL, APPELLEE
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Father David Enyeart appealed a trial court's custody order awarding primary residential custody of two minor children to the mother, arguing the trial court applied the wrong burden of proof. The appellate court agreed, finding the trial court erroneously treated the initial custody determination as a modification proceeding, thereby imposing an improper burden on the father, and reversed and remanded for reconsideration under the correct standard.
Yes. The trial court reversibly erred by treating the initial custody proceeding as a modification proceeding and thereby imposing the extraordinary burden of proof applicable to modifications, which requires proof of both a substantial change in circumstances and that modification would clearly promote the child's well-being. In an initial custody determination, neither parent bears a heightened burden; the decision is based solely on the best interests of the children.
[1] A party seeking to modify a custody decree must establish that circumstances have substantially changed since the final judgment and that the change has such an important…
[2] A change in a parent's financial circumstances alone does not warrant modification of a custody order.
Previewing 2 of 6 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 trial court's authority and discretion in a modification [proceeding] are much more restricted than at the time of the initial custody determination.”
Establishes the fundamental distinction between the standards applicable to initial custody determinations versus modification proceedings.
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Join FLexlaw to unlock all legal intelligenceIn March 1996, the father filed a pro se petition for custody of two minor children, alleging the mother failed to properly care for them and was verb…
The full statement of facts, procedural history, and disposition for this case are member content.
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PARKER, Chief Judge.
David W. Enyeart (the father) appeals the trial court’s final order awarding primary residential custody of two minor children to Barbara A. Stull (the mother), arguing that the trial court erred in applying the wrong burden of proof. We agree and reverse.
In March 1996, the father filed a pro se petition for custody of the two minor children. The petition alleged that the children’s best interests would be served by awarding the father primary residential custody because the mother failed to properly care for the children, and that the mother was verbally'and physically abusive to the children. Thereafter, in April 1996, the father filed a pro se supplemental petition for pátemity, recognizing that a finding of paternity would be a prerequisite to a custody determination in this case.
In October 1996, the Honorable Peter J. Taylor entered a paternity order pertaining to both children. However, the paternity order entered by Judge Taylor did not resolve the custody matter. Instead, the order reads in unambiguous language, “[t]hat the Court is reserving ruling on the issue of which parent shall be granted primary residential custody of the children'....”
In January 1997, the trial court entered a final order on the father’s petition for custody. The order states in relevant part:
Judge Taylor, the prior Judge hearing this ease, had previously awarded the mother the primary residence. This court, having reviewed the file, the updated investigative report, the records from the child advocacy center (at the request of the father) hereby declines to change the primary residence from the father to the mother. Clearly, the trial court mistakenly perceived the January 1997 custody hearing to be a custody modification proceeding, rather than what it was, an initial custody proceeding. It is well settled that “[t]he trial court’s authority and discretion in a modification proceeding are much more restricted than at the time of the initial custody determination.” Blosser v. Blosser, 707 So. 2d 778, 780 (Fla. 2d DCA 1998).
When a trial court makes ah initial child custody determination, the decision is purely based on the best interests of the children, and neither parent begins with an advantage over the other. See § 61.13, Fla. Stat. (1995). However, when a trial court is asked to modify a final child custody, order, the petitioner carries -the burden of. proof, and that burden is extraordinary. The petitioner must prove both that a substantial change in circumstances has occurred since the last permanent custody order, and that the custody modification would “so clearly promote or improve the child’s well-being ... that maintaining the status quo would be detrimental to the child’s overall best interests.” Blosser, 707 So. 2d at 781 (quoting Gibbs v. Gibbs, 686 So. 2d 639, 641 (Fla. 2d DCA 1996)).
In this ease, it is evident the trial court mistook the nature of the proceeding and in so doing required the father to carry the burden of proof established for modification proceedings. This constitutes reversible error. Accordingly, we reverse and remand this ease with directions to the trial court, on remand, to review the proceeding as an initial custody determination.
Reversed and remanded.
QUINCE and WHATLEY, JJ., concur.
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Perez v. Perez, 767 So. 2d 513 (Fla. 3d DCA 2000)…rsed where trial court made no findings that mother’s relationships with several men had affected children in any way or any finding that mother’s parenting skills had deteriorated since entry of the final judgment of dissolution); Enyeart v. Stull, 715 So. 2d 320, 321 (Fla. 2d DCA 1998) (holding that “The petitioner must prove both that a substantial change in circumstances has occurred since the last permanent custody order, and that the custody modification would ‘so clearly promote or improve the child’s…
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King v. Jordan, 850 So. 2d 645 (Fla. 2d DCA 2003)…een previously adjudicated, thus improperly requiring the mother to carry the burden imposed under Gibbs to show that a substantial change in circumstances had occurred since the order was entered in the dependency proceedings. See Enyeart v. Stull, 715 So. 2d 320 (Fla. 2d DCA 1998) (holding trial court mistakenly perceived custody hearing to be custody modification proceeding, rather than initial custody proceeding, and required movant to carry burden of proof for modification proceeding). The trial court c…
Authorities Cited
- Karie Lynn Gibbs v. Gibbs, 686 So. 2d 639 (Fla. 2d DCA 1996)
- Charlana M. Blosser v. Blosser, 707 So. 2d 778 (Fla. 2d DCA 1998)