Young v. Young, 98-1120.

Citation732 So.2d 1133
Decision Date05 March 1999
Docket NumberNo. 98-1120.,98-1120.
PartiesTonya YOUNG, Appellant, v. James YOUNG, Appellee.
CourtCourt of Appeal of Florida (US)

Leatrice Williams Walton of Jacksonville Area Legal Aid, Inc., Jacksonville, for Appellant.

Terroll J. Anderson of Patterson, Bond & Latshaw, P.A., Jacksonville Beach, for Appellee.

WEBSTER, J.

The former wife seeks review of an order changing the primary residential custody of the parties' 6-year-old child to the former husband based primarily upon the facts that the former wife had had another child out of wedlock, who was living with her and the parties' child, and that the living conditions of appellant and the children were somewhat less than ideal. Because the evidence failed to establish either that the child's needs were being unmet in any way or that maintaining the status quo would be detrimental to the child, we reverse.

The parent seeking to modify a prior award of primary residential custody "`carries an extraordinary burden'" to plead and prove that the parties' circumstances have changed substantially since the entry of the last order addressing custody and that a change in custody would be in the best interest of the child. Zediker v. Zediker, 444 So.2d 1034, 1036 (Fla. 1st DCA 1984) (emphasis in original). Pursuant to this test, a change of custody is appropriate only when, having considered all of the factors listed in section 61.13(3), Florida Statutes,

the trial court finds that a change in custody will so clearly promote or improve the child's well-being to such an extent that any reasonable parent would understand that maintaining the status quo would be detrimental to the child's overall best interests. This test involves more than a decision that the petitioning parent's home would be "better" for the child, and requires a determination that there is some significant inadequacy in the care provided by the custodial parent.
Gibbs v. Gibbs, 686 So.2d 639, 641 (Fla. 2d DCA 1996). The evidence presented by the former husband in support of his motion failed to satisfy this test.

The former husband did present evidence from which the trial court might have concluded, as it apparently did, that his home would be "better" for the child. However, he presented no evidence to suggest that either the living conditions or the care provided by the former wife had been detrimental to the child in any way, or that any of the child's needs were not being met....

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16 cases
  • Perez v. Perez, 3D99-2182.
    • United States
    • Florida District Court of Appeals
    • 5 Julio 2000
    ...or welfare will be promoted by the change. See Sullivan v. Sullivan, 736 So.2d 103, 105 (Fla. 4th DCA 1999); Young v. Young, 732 So.2d 1133, 1134 (Fla. 1st DCA 1999); Chant v. Chant, 725 So.2d 445, 447 (Fla. 2d DCA 1999); Schweinberg v. Click, 627 So.2d 548, 551 (Fla. 5th DCA 1993). In appl......
  • Ogilvie v. Ogilvie
    • United States
    • Florida District Court of Appeals
    • 19 Abril 2007
    ...Muniz v. Muniz, 789 So.2d 370, 371-72 (Fla. 3d DCA 2001); Goodmon v. Goodmon, 779 So.2d 490, 491 (Fla. 2d DCA 2000); Young v. Young, 732 So.2d 1133, 1134 (Fla. 1st DCA 1999); Metcalfe v. Metcalfe, 655 So.2d 1251, 1253 (Fla. 3d DCA 1995); Kelly v. Kelly, 642 So.2d 800, 802 (Fla. 2d DCA 1994)......
  • Chapman v. Prevatt
    • United States
    • Florida District Court of Appeals
    • 21 Mayo 2003
    ... ... exhibiting any signs of distress from their parents' behavior that would be atypical for two young children whose parents had been separated since they were toddlers ...         The final ... ...
  • Cooper v. Gress, 1D02-4376.
    • United States
    • Florida District Court of Appeals
    • 12 Septiembre 2003
    ...than at the time of the initial custody determination." Newsom v. Newsom, 759 So.2d 718, 719 (Fla. 2d DCA 2000); Young v. Young, 732 So.2d 1133 (Fla. 1st DCA 1999); Jablon v. Jablon, 579 So.2d 902 (Fla. 2d DCA 1991); Zediker v. Zediker, 444 So.2d 1034, 1036 (Fla. 1st DCA 1984) (describing m......
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