LAVERNE CAMPBELL COLLINS, FORMERLY KNOWN AS LAVERNE CAMPBELL NEWTON, APPELLANT,
v.
CAREY EDGAR NEWTON, SR., APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A Florida appellate court reversed a trial court's decision to modify custody from the mother to the father, holding that improved circumstances of the father and the child's approaching high school entry do not constitute sufficient grounds to modify an existing custody order absent evidence of detriment to the child or unfitness of the custodial parent.
The court reversed the modification, holding that improved circumstances of the father alone, combined with the child's approaching high school entry, do not constitute sufficient grounds for modifying an existing custody order when the custodial parent is not unfit and there is no showing of detriment to the child from remaining in the mother's custody.
[1] A substantial change in circumstances must be shown to modify a prior custody order.
[2] Improved financial circumstances of a non-custodial parent do not alone justify a change in custody when the custodial parent remains fit.
Previewing 2 of 5 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“In order to modify custody, there must have been a substantial change in circumstances since the entry of the original order.”
Establishes the legal standard requiring substantial changed circumstances as a prerequisite for custody modification.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe parties divorced in 1966 with the mother awarded custody of their two-year-old son. Ten years later, the father petitioned to modify custody. The …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Substantial Change In Circumstances For Custody Modification cases and more on FLexlaw
GRIMES, Chief Judge.
The parties were divorced in 1966, and custody of their two-year old son was awarded to the mother. Ten years later the father filed a petition to modify custody. Following a hearing, the court granted custody of the boy to his father upon the condition that the father pay his arrearage in child support payments. The mother now appeals the order changing custody.
The father produced evidence of his improved circumstances since the divorce. He had remarried and moved to Arkansas where he now lives with his wife and their two daughters. The mother’s circumstances had not substantially changed. She was a waitress when the parties were divorced, and she now works as a bar manager. Her second marriage also ended in a divorce. The boy was generally well adjusted and made good grades in school. He told the judge that while he had enjoyed visiting with his father during the summer, he preferred to remain with his mother. The Department of Health and Rehabilitative Services concluded that both parents were fit, but because of the boy’s age and interest in doing things with his father, recommended that custody be given to the father. In order to modify custody, there must have been a substantial change in circumstances since the entry of the original order. Robinson v. Robinson, 333 So. 2d 526 (Fla.2d DCA 1976).
In the final judgment the court specified the fact that the boy was about to enter high school as the change in circumstances which dictated a change in custody to the father. We cannot see how this fact, standing alone, would warrant removing a child from his mother with whom he had lived under a custody order for the past ten years.
The record reflects that in recent months the mother had sometimes permitted a man to stay overnight in the home; however, there was no evidence that such occurrences had any direct bearing on the welfare of the child. Cf. Dinkel v. Dinkel, 322 So. 2d 22 (Fla.1975). In any event, the court specifically found that both parents were fit to have custody.
This case is similar in many respects to Hutchins v. Hutchins, 220 So. 2d 438 (Fla.2d DCA 1969). There the judge modified a custody order of four-years standing because he concluded that the older boy needed the parental guidance of his father. The judge found that both parties were fit persons to have custody but reasoned that since the father’s income had substantially increased, he was better able to provide for the needs of the children.
On appeal this court first observed that improved circumstances of the father after a divorce in which custody had been given to the mother would not alone authorize modification of custody where the mother was not unfit. We pointed out that modification of a divorce decree requires a greater showing than would have been necessary to grant the requested relief at the time of the original trial. In reversing the change of custody order, we held that the mere finding that the best interest and welfare of the children would be served by a custodial change was insufficient to warrant modification when there was no showing of a detriment to the children if custody were not changed.
In the same vein, we believe that the evidence presented below would have been enough to support an award of custody to the father if this were an original proceeding. It was legally insufficient to support a' change of custody.
REVERSED.
OTT and DANAHY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Culpepper v. Culpepper, 408 So. 2d 782 (Fla. 2d DCA 1982)…moted by the court’s action. Sanders v. Sanders, 376 So. 2d 880 (Fla. 1st DCA 1979), cert. denied, 388 So. 2d 1117 (Fla.1980). An improvement in the circumstances of the noncustodial parent by itself does not warrant modification. Collins v. Newton, 362 So. 2d 174 (Fla. 2d DCA 1978). In this case, the only change of real consequence occurred when Mrs. Cul-pepper had an illegitimate child. The moral unfitness of a party may be considered in a custody case so long as it has a direct bearing on the welfare of t…
-
Andrews v. Andrews, 624 So. 2d 391 (Fla. 2d DCA 1993)…r custody of the couple’s two young children. Especially in the context of a modification of child custody, it would seem critical for the trial court to hear the full testimony of the parent who was initially granted custody. See Collins v. Newton, 362 So. 2d 174 (Fla. 2d DCA1978) (modification of custody requires greater showing than would be needed at original trial). This opinion does not foreclose the trial court on remand from imposing sanctions that will punish the parent without jeopardizing the best…
-
Charlana M. Blosser v. Blosser, 707 So. 2d 778 (Fla. 2d DCA 1998)…o that he now appears to be the preferred residential choice. However, improving his financial circumstances does not warrant modification. Culpepper, 408 So. 2d at 784; Stricklin v. Stricklin, 383 So. 2d 1183 (Fla. 5th DCA 1980); Collins v. Newton, 362 So. 2d 174 (Fla. 2d DCA 1978). In Grumney the father petitionéd for modification alleging the mother’s financial instability, her frequent changes of residence, her series of relationships with men, and the birth of a second child out of wedlock. We held ther…
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
- Dinkel v. Dinkel, 322 So. 2d 22 (Fla. 1975)
- Hutchins v. Hutchins, 220 So. 2d 438 (Fla. 2d DCA 1969)
- Robinson v. Robinson, 333 So. 2d 526 (Fla. 2d DCA 1976)