JOSEPH MICHAEL SPRADLEY, PETITIONER,
v.
ELVERA CORRENE SPRADLEY, RESPONDENT
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In this child custody modification case, the Florida Supreme Court quashed a District Court of Appeal decision that had reversed a trial court's award of custody to the father, holding that the appellate court improperly re-evaluated facts rather than applying the proper standard of review for abuse of discretion in custody matters.
The trial court did not abuse its discretion in modifying the custody award. The evidence was sufficient to support findings of both a material and substantial change in circumstances and that the best interests of the child would be promoted by a change in custody to the father. The District Court of Appeal erred by re-evaluating the facts rather than reviewing for abuse of discretion.
[1] A trial court's decision in a child custody modification case will not be overturned absent a clear showing of abuse of discretion.
[2] To modify a child custody order, a party must demonstrate a material and substantial change in the circumstances of the parties and that the change in custody will promot…
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Join FLexlaw to unlock all legal intelligence“this Court cannot, in any type of case, overturn the decision of a Chancellor made in the exercise of his judicial discretion in the absence of a clear showing of an abuse thereof; and, in a child custody case, the opportunity of the Chancellor to observe the demeanor and personalities of the parties and their witnesses and to feel forces, powers and influences that cannot be discerned by merely reading the record, assumes a new importance because of the many intangibles that must be evaluated in deciding the delicate question of child custody.”
Establishes the fundamental standard of review for child custody decisions, requiring deference to trial court discretion absent clear abuse
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Join FLexlaw to unlock all legal intelligenceAfter a divorce, custody of the parties' child was awarded to the mother. The mother subsequently remarried a man with an ex-convict background who wa…
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SUNDBERG, Justice.
This case is on petition for writ of certiorari to the District Court of Appeal, First District. We have dispensed with oral argument and consider the case on the briefs submitted by the parties. Our jurisdiction vests under Article V, Section 3(b)(3), Florida Constitution.
After a divorce between petitioner father and respondent mother, custody of their child was awarded to the mother. Subsequently, the father petitioned for an order modifying the custody award, and after a hearing in the Circuit Court in and for Okaloosa County, the trial judge modified the earlier order and awarded custody to the father. In a decision reported at 312 So. 2d 215, the First District Court of Appeal reversed, holding that the trial court abused its discretion by modifying the order since the father had failed to demonstrate either of two criteria: (1) that there had been a material and substantial change in the circumstances of the parties and (2) that the best interests of the child would be promoted by a change in custody. Judge Boyer dissented, finding that the father had met these criteria by evidence adduced at the hearing and that, in any event, there was “more than sufficient basis for the decision of the learned trial judge.” Id. at 217.
As outlined in Judge Boyer’s dissenting opinion, the trial court’s order was supported by the following evidence. After her divorce, the mother married one Terrell Dicks; at the time of this marriage she was four months pregnant and in fact had another two-year old child of whom Dicks is the admitted father. Dicks, an ex-convict, has been charged since the marriage with possession of marijuana. The mother’s job as a waitress demands that she work from 10:30 a. m. to 2:00 p. m. and from 5:00 p. m. to 9:00 p. m. four days each week. Respondent has been separated from Dicks on three different occasions and at the date of the hearing on modification of custody, she was not living with him. Neighbors testified to disturbing incidents occurring at the home of the mother and her new husband. Petitioner testified that on several occasions the child had been left with him for periods of time of up to three weeks and that during such time he had been unable to locate the mother. Furthermore, the mother has moved five times since her second marriage.
In Grant v. Corbitt, 95 So. 2d 25, 28 (Fla.1957), we said:
“. . [T]his Court cannot, in any type of case, overturn the decision of a Chancellor made in the exercise of his judicial discretion in the absence of a clear showing of an abuse thereof; and, in a child custody case, the opportunity of the Chancellor to observe the demeanor and personalities of the parties and their witnesses and to feel forces, powers and influences that cannot be discerned by merely reading the record, assumes a new importance because of the many intangibles that must be evaluated in deciding the delicate question of child custody.”
These principles were recently reaffirmed by this Court in Gregory v. Gregory, 313 So. 2d 735 (Fla.1975).
Our review of the record in the instant case convinces us that respondent made no clear showing of an abuse of discretion by the trial court. There was sufficient evidence before the trial judge to support a finding that there had been the requisite change in circumstances of the parties and that the best interests of the child would be promoted by a change in custody to the father. It is our view that the District Court of Appeal simply re-evaluated the facts and came to a different conclusion. In so doing the District Court departed from the well-established principles enunciated by the Grant and Gregory Courts.
Accordingly, the petition for writ of certiorari is granted, and the decision of the District Court of Appeal, First District, is quashed with directions that the order of the circuit court be reinstated.
OVERTON, C. J., and ROBERTS, ADKINS, BOYD and HATCHETT, JJ., concur.
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Perez v. Perez, 767 So. 2d 513 (Fla. 3d DCA 2000)…strate “[1] a substantial change in circumstances since the entry of the initial custody decree and [2] that the child’s best interest or welfare will be promoted by the change.” Majority opinion at 516 (citations omitted); see Spradley v. Spradley, 335 So. 2d 822 (Fla.1976). I disagree with that part of the opinion which says “for purposes of a modification of custody, Florida courts have required proof that a child’s continuing residence with the custodial parent would be detrimental to or have an adverse…
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Miller v. Regnel V. Miller, 342 So. 2d 85 (Fla. 1st DCA 1976)…our prerogative to substitute our opinion for that of the trial judge if there is competent evidence in the record to sustain his determination. (Please see Dinkel v. Dinkel, Sup.Ct.Fla.1975, 322 So. 2d 22 and Spradley v. Spradley, Sup.Ct.Fla.1976, 335 So. 2d 822) Appellant’s petition for award of attorney’s fees incident to this appeal is denied. AFFIRMED. MILLS, J., concurs. McCORD, J., dissents.…
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Stamm v. Marjorie Faith (Biggs) Stamm, 489 So. 2d 851 (Fla. 5th DCA 1986)…ther was awarded primary residential responsibility she moved the child from Titusville to Palm Bay. It is well settled that a familiar and orderly environment is preferred and is in the best interest and welfare of the child. Spradley v. Spradley, 335 So. 2d 822 (Fla.1976); Dinkel v. Dinkel, 322 So. 2d 22 (Fla.1975). In re Gregory, 313 So. 2d 735 (Fla.1975). It appears that the father has proposed a more permanent custodial home. The father has lived in the same house for the past three years and intends to…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Beulah Grant v. Corbitt, 95 So. 2d 25 (Fla. 1957)
- In re Gregory v. Gregory, 313 So. 2d 735 (Fla. 1975)
- Levy v. Lancelot Assocs., 312 So. 2d 215 (Fla. 3d DCA 1975)