Steiner v. Romano-Steiner, ROMANO-STEINER
| Decision Date | 20 December 1996 |
| Docket Number | ROMANO-STEINER,96-734,Nos. 95-2826,s. 95-2826 |
| Citation | 687 So.2d 21 |
| Parties | 22 Fla. L. Weekly D128 Mark Lawrence STEINER, Appellant/Cross-Appellee, v. Lynette, n/k/a Lynette Campbell, Appellee/Cross-Appellant. |
| Court | Florida District Court of Appeals |
Patricia L. Stowbridge of Patricia L. Stowbridge, P.A., Orlando, for Appellant/Cross-Appellee.
Sharon Lee Stedman of Sharon Lee Stedman, P.A., Orlando, for Appellee/Cross-Appellant.
The primary issue on this appeal is whether the trial court erred in its application of section 61.13(4)(c), Florida Statutes in this action to modify child custody when the reason for such modification is the custodial parent's alleged refusal to honor the noncustodial parent's visitation rights. We find that the trial court erred in determining that one who seeks a change of custody under section 61.13(4)(c) must first show a substantial change of circumstances.
Concerning the father's allegations that the mother had caused tremendous difficulties in his visitations, obstructing his relationship with the child and alienating him from the child, the trial court found: Even with this finding, the court failed to consider whether a transfer of custody was warranted, stating as the reason that the father failed to "reach the evidentiary threshold of a substantial change of circumstances."
We held in Williams v. Williams, 676 So.2d 493 (Fla. 5th DCA 1996), a decision not available to the trial court at the time of its ruling in this case, that when a noncustodial parent proceeds under section 61.13(4)(c), no substantial change of circumstances is necessary to be proved where a violation of visitation rights is found by the court to have occurred and the court further finds that the best interests of the child lie in transferring custody to the other parent. Since the court found that a violation had occurred in this case, it should have proceeded to determine the best interests of the child in relation to a change of custody.
We reverse the trial court's judgment which refused to consider a change of custody and remand for further action consistent with this opinion. If the court needs additional...
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Morales v. Morales, 5D04-3255.
...of the child support the change in custody. See, e.g., Compton v. Compton, 701 So.2d 110, 112 (Fla. 5th DCA 1997); Steiner v. Romano-Steiner, 687 So.2d 21 (Fla. 5th DCA 1996); Williams v. Williams, 676 So.2d 493, 493-94 (Fla. 5th DCA 1996); see also § 61.13(4)(c), Fla. Stat. (2004). However......
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Cecena v. Chambers
...modifications under section 61.13(4)(c)(5). See, e.g., Compton v. Compton, 701 So.2d 110, 112 (Fla. 5th DCA 1997); Steiner v. Romano-Steiner, 687 So.2d 21 (Fla. 5th DCA 1996). However, the supreme court has recently held that the substantial change test "applies to modification of all child......
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Teller v. Richert, 97-3441.
...custody if the change is in the child's best interest. See Compton v. Compton, 701 So.2d 110 (Fla. 5th DCA 1997); Steiner v. Romano-Steiner, 687 So.2d 21 (Fla. 5th DCA 1996). We find the evidence presented by the father to be sufficient to overcome the mother's motion for directed verdict. ......
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Wyckoff v. Wyckoff, 2D00-5342.
...of the minor children because the Former Wife refused to honor his visitation rights without proper cause. See Steiner v. Romano-Steiner, 687 So.2d 21 (Fla. 5th DCA 1996); Williams v. Williams, 676 So.2d 493 (Fla. 5th DCA 1996). In Steiner and Williams, the Fifth District held that a noncus......