Wells v. Wells, 86-485
| Decision Date | 28 January 1987 |
| Docket Number | No. 86-485,86-485 |
| Citation | 12 Fla. L. Weekly 424,501 So.2d 700 |
| Parties | 12 Fla. L. Weekly 424 Barbara WELLS, n/k/a Barbara Stites, Appellant, v. Hilton WELLS, Appellee. |
| Court | Florida District Court of Appeals |
Anthony A. Accorsi, Avon Park, for appellant.
Richard S. Pipkin, Sebring, for appellee.
This is an appeal from an order that modified a final judgment of dissolution of marriage so as to restrict the residence of the children to the Lake Placid area of Highlands County. The final judgment contained no such territorial restriction. We reverse.
The marriage of the parties was dissolved on July 21, 1980. Two minor children are involved. Under the terms of the final judgment of dissolution, the wife was awarded custody of the minor children. The husband was awarded specific visitation rights. During the three to four year period before the hearing on the husband's motion to modify the final judgment, the wife pursued courses at the University of South Florida to fulfill her life ambition of becoming a librarian. At the time of the hearing, she had sufficient graduate courses to qualify for and hold a position of media specialist, i.e., librarian. During 1985, the wife met a man from Atlanta whom she has made plans to marry. The gentleman, Mr. Lanier, owns a medical electronics firm in Atlanta and has an annual income of $36,000.00. Mr. Lanier owns a three-bedroom, two-bath townhouse, and is active in church, cultural, and community related activities. He has a designated territory consisting of Georgia and South Carolina. It would be impossible for him to relocate his business. Mr. Lanier has a good relationship with the children and is willing to provide financial support for them and the wife. Mr. Lanier and the wife are willing to pay the entire cost of any transportation expenses between Atlanta and Highlands County for the children's visitation with the former husband. Mr. Lanier and the wife will not be able to marry if the children cannot relocate. The wife testified that she could not leave her children and that a commuter marriage would be difficult. The wife's past experience includes teaching at the elementary school level for ten years. Her net income was $830.00 per month, and an additional $220.00 per month in child support. Before the hearing on the motion to modify, she resigned her teaching position in Highlands County and obtained a position as a librarian in Atlanta. The librarian position would result in an increase of $4,000.00 per annum in her income and would give her additional time to spend with the children. There was no...
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