JAMES CALLAHAN, APPELLANT,
v.
ARLENE CAMBRON, F/K/A ARLENE CALLAHAN, APPELLEE
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ORFINGER, Chief Judge.
The father appeals an order modifying an earlier award of custody, and granting custody of two minor children to the mother. We affirm because there is substantial competent evidence, although somewhat conflicting, to support the trial judge’s finding that there was a substantial change in circumstances of the parties and that it would be in the best interest of the children to change custody to the mother. There is evidence to support the finding that since the original custody award based on the stipulation of the parties, the mother’s circumstances have improved considerably while the father’s physical and financial circumstances have sharply deteriorated. Cf. Ritsi v. Ritsi, 160 So. 2d 159 (Fla. 3d DCA 1964). Additionally, while certainly not binding, the trial court had the right to consider, along with other evidence, testimony of the children expressing their wish to live with their mother. We find no abuse of the trial court’s discretion and the order appealed from is therefore
AFFIRMED.
COBB and FRANK D. UPCHURCH, Jr., JJ., concur.
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Citator
Cited By
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Iannone v. Iannone, 542 So. 2d 487 (Fla. 5th DCA 1989)…rippen v. Crippen, 508 So. 2d 1339, 1340 (Fla. 4th DCA 1987); Bragassa v. Bragassa, 505 So. 2d 556 (Fla. 3d DCA 1987); Warren v. Warren, 475 So. 2d 736 (Fla. 2d DCA 1985); Ballah v. Poole, 453 So. 2d 924, 925 (Fla. 2d DCA 1984); Callahan v. Cambron, 445 So. 2d 394 (Fla. 5th DCA 1984); Iljazi v. Iljazi, 436 So. 2d 326 (Fla. 2d DCA 1983); Giachetti v. Giachetti, 416 So. 2d 27, 29 (Fla. 5th DCA 1982); Adams v. Adams, 385 So. 2d 688, 689 (Fla. 3d DCA 1980); Stricklin v. [*488] Stricklin, 383 So. 2d 1183 (Fla. 5th…
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Barnes v. Frazier, 509 So. 2d 401 (Fla. 5th DCA 1987)…ble to provide the child with a stable home. In selecting Frazier, we cannot say the trial court abused its discretion. Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980); Elebash v. Elebash, 450 So. 2d 1268 (Fla. 5th DCA 1984); Callahan v. Cambron, 445 So. 2d 394 (Fla. 5th DCA 1984). However, the more interesting issue involved in this case, which was not raised by the parties at trial or on appeal, is whether the Shared Parental Responsibility Law, section 61.13(2)(b)2, Florida Statutes (1985), is applicab…
Authorities Cited
- Ritsi v. Ritsi, 160 So. 2d 159 (Fla. 3d DCA 1964)