STEVEN ROBIN GRAY, APPELLANT,
v.
CHRISTIE MARTIN N/K/A CHRISTIE HOSS, APPELLEE
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The appellate court affirmed the trial court's order allowing the mother to relocate with the child and denying the father's petition for modification of custody.
The mother petitioned to move with the parties' child to Illinois, and the father counter-petitioned for primary residential custody. The trial court …
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ANTOON, J.
Steven Robin Gray (the father) appeals the final order entered by the trial court 1) granting the petition filed by Christie Martin (the mother) to move to Illinois with the parties’ six-year-old child, and 2) denying the father’s counter-petition to modify the final judgment of paternity by awarding him primary residential custody of the child. We affirm.
The trial court’s order sets forth detailed findings of fact with respect to all of the statutory criteria contained in subsections 61.13(2)(d) & (3), Florida Statutes (Supp.1998). We must affirm the trial court’s findings of fact because they are supported by substantial competent evidence. See Wood v. Wood, 715 So. 2d 1175, 1176 (Fla. 5th DCA 1998). Although it is understandable that the father views the evidence in a different light, there is no merit in his assertion that the trial court abused its discretion in determining that the mother should be allowed to move to Illinois with their child. See Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980).
We must also affirm the trial court’s order denying the father’s counter-petition. The father did not establish that there was a substantial or material change in circumstances that occurred subsequent to the entry of the original custody order, and that the best interests of the child would be promoted by a change in primary residential custody. See Miller v. Miller, 671 So. 2d 849, 852 (Fla. 5th DCA 1996).
AFFIRMED.
GOSHORN and HARRIS, JJ„ concur.
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Flint v. Fortson, 744 So. 2d 1217 (Fla. 4th DCA 1999)…*1219] section 61.13(2)(d)l.-6., we must affirm the decision denying relocation. See Gerov v. Holier, 731 So. 2d 152, 154 (Fla. 4th DCA 1999); Flannery, 720 So. 2d at 308; Borchard v. Borchard, 730 So. 2d 748, 750 (Fla. 2d DCA 1999); Gray v. Martin, 730 So. 2d 426, 427 (Fla. 5th DCA 1999). One view of the evidence is that relocation would so drastically curtail this father’s active, ongoing participation in his daughters’ lives that, in conjunction with other factors, the move was not in the best interest of…
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Dorta-Duque v. Marines Dorta-Duque, 791 So. 2d 1148 (Fla. 3d DCA 2001)…illa, 474 So. 2d 306 (Fla. 3d DCA 1985). We affirm because there is substantial competent evidence to support the trial court’s findings concerning the six statutory factors listed in section 61.13(2)(d), Florida Statutes (1997). See Gray v. Martin, 730 So. 2d 426 (Fla. 5th DCA 1999); Flint v. Fortson, 744 So. 2d 1217 (Fla. 4th DCA 1999); Gerov v. Holter, 731 So. 2d 152, 154 (Fla. 4th DCA 1999); Flannery v. Crowe, 720 So. 2d 308 (Fla. 4th DCA 1998); Borchard v. Borchard, 730 So. 2d 748, 750 (Fla. 2d DCA 1999)…
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Miller v. Miller, 671 So. 2d 849 (Fla. 5th DCA 1996)
- Williams v. State, 715 So. 2d 1175 (Fla. 5th DCA 1998)