Florida Courts Consider Child’s Preference in Custody Case

Child custody disputes frequently involve a post-divorce situation where one party wants to change an existing custody agreement. The law in Florida will not readily grant a change in custody. The party seeking a change would have to prove that a significant change in circumstances has occurred, which will ultimately be beneficial for the children. In this article, the Clearwater, FL, family law attorneys at Cairns Law, P.A., will review a case involving a decision to move away with minor children to a different state. 

Background of the case 

In the aforementioned case, the divorced parents had three children. After the divorce, the mother was chosen to be the primary residential parent. However, the parents agreed that the mother would be able to relocate with the children from Florida to Utah at some point after the divorce.

The mother made substantial efforts in the relocation process. She sold her house in Florida, purchased a house in Utah, and enrolled the children in a school there. However, before the relocation was complete, the father filed a petition to modify the existing custody arrangement. He stated that the circumstances had changed and it would be in the best interests of the child to modify the current agreement.

During the summer visitation, the children were visiting the father in Florida when the custody battle went to trial. After the court heard the evidence, it made a ruling and divided the custody of the children between the parents. The two sons were awarded to the father in Florida, while the daughter remained in Utah with her mother.

In this case, the court considered the wishes of the two sons, who wanted to stay with their father.

The appeal

The mother appealed the trial court’s decision to the Florida Third District Court of Appeal. The mother claimed that the trial court had erred in modifying the custody order and that there was a lack of sufficient evidence supporting the change in circumstances.

Under Florida law, a trial court has the power to change a custody order if two main factors are met. First, the party seeking the change must prove that there has been a substantial change in the circumstances that occurred after the original order was entered. Second, the trial court must determine that the change in custody is in the best interests of the children.

When the case was appealed to the Florida Third District Court of Appeals, the court was required to review the evidence used in making the trial court’s determination. The court had concerns regarding the manner in which the trial court had used the evidence in making its determination. For instance, the trial court had used the guardian ad litem’s report in making its determination. However, the report included hearsay evidence. The court emphasized the point that the determination of a custody issue must always be made on the basis of reliable and admissible evidence.

The mother ultimately won this appeal, and the new arrangement was vacated by the appeals court.

Talk to a Clearwater, FL, Child Custody Lawyer Today

Cairns Law, P.A., represents the interests of parents during disputes over their child’s custody. Call our Clearwater family lawyer today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

caselaw.findlaw.com/court/fl-district-court-of-appeal/1339076.html