KIRSTEN E. AGRANOFF, APPELLANT,
v.
STUART M. AGRANOFF, APPELLEE

Fla. 2d DCA | 2004-09-10
No. 2D03-3020
NORTHCUTT and COVINGTON, JJ., Concur.
882 So. 2d 1085 Florida District Court of Appeal, Second District (2004) Negative Treatment
Cited by 4 cases

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Synopsis

Former wife appeals a modification order that changed primary custody of minor children to the former husband based solely on his superior financial condition. The court reverses, holding that the former husband failed to meet the extraordinary burden required to modify custody, which requires proof of substantial changed circumstances and detriment to the children's best interests.


Holding

The former husband did not meet the extraordinary burden required for a postdissolution custody modification. Superior financial condition alone is insufficient to justify a change in custody; the petitioning parent must demonstrate substantial changes in circumstances since the final judgment and that the change would clearly promote the children's best interest and that failure to change would be detrimental to them.


Headnotes

[1] A party petitioning for a change in parental responsibility post-dissolution must demonstrate a substantial change in circumstances since the final judgment that has had…

[2] To justify a change in custody, the petitioning parent must establish that the change would clearly promote the children's best interests and that failing to change custo…

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Key Quotes

“In a modification proceeding there is a presumption in favor of the custodial parent "which can only be overcome by satisfying an extraordinary burden."”

Establishes the legal standard that protects existing custody arrangements and requires a high threshold to modify them.

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Facts & Procedural History

Kirsten and Stuart Agranoff were divorced and had a final judgment of dissolution establishing custody arrangements for their minor children. Stuart p…

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Opinion of the Court
SALCINES, Judge.

SALCINES, Judge.

Kirsten E. Agranoff, the Former Wife, appeals an order granting the petition of Stuart M. Agranoff, the Former Husband, to modify the final judgment of dissolution of marriage. The Former Wife specifically challenges the provision of that order which awarded the Former Husband the primary residential responsibility for the parties’ minor children.1 We reverse that provision of the modification order because the Former Husband failed to meet the extraordinary burden necessary to support a postdissolution change of custody.

In a modification proceeding there is a presumption in favor of the custodial parent “which can only be overcome by satisfying an extraordinary burden.” Wyckoff v. Wyckoff, 820 So. 2d 350, 352 (Fla. 2d DCA 2002) (quoting Gibbs v. Gibbs, 686 So. 2d 639, 641-42 (Fla. 2d DCA 1996)). The party petitioning for a change in parental responsibility must demonstrate that circumstances have substantially changed since the final judgment and that the change has had such an important impact on the children that a change of custody is justified. Gibbs, 686 So. 2d at 641. In order to justify the change in custody, the petitioning parent must establish that the custody change would clearly promote the children’s best interest and that a failure to change custody, would be detrimental to the children’s overall best interests. Id. at 641—42.

In the present case, the trial court noted one factor which influenced its decision to modify the custody provision — the fact that the Former Husband’s financial condition was superior to that of the Former Wife. That factor alone, however, does not support a decision to modify custody under the extraordinary burden test.See Blosser v. Blosser, 707 So. 2d 778 (Fla. 2d DCA 1998). The record lacks any finding concerning substantial change in circumstances and detriment to the best interests of the children or any facts which would support such a finding. Accordingly, we reverse and remand for the entry of an order reinstating the Former Wife as the parent with primary residential responsibility for the parties’ minor children.

Reversed and remanded.

NORTHCUTT and COVINGTON, JJ., Concur. . The Former Wife also challenges the provision that capped the amount of attorney’s fees which were to be determined at a later date. The trial court orally pronounced that it believed the maximum fee it would grant would be $2500 but that it could not determine fees at that juncture. However, for some reason, the fee provision in the modification order was written as an absolute cap of $2500. That provision was erroneous. Nonetheless, this issue is moot in light of the entry of the subsequent attorney’s fee order which has not been appealed.


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Citator

Cited By

  • Ogilvie v. Ogilvie, 954 So. 2d 698 (Fla. 1st DCA 2007)
    …899 So. 2d 469, 470 (Fla. 2d DCA 2005); McKinnon v. Staats, 899 So. 2d 357, 359 (Fla. 1st DCA 2005); Sotomayor v. Sotomayor, 891 So. 2d 559, 561 (Fla. 2d DCA 2004); Johnson v. Adair, 884 So. 2d 1169, 1172-73 (Fla. 2d DCA 2004); Agranoff v. Agranoff, 882 So. 2d 1085, 1086 (Fla. 2d DCA 2004); Ward v. Ward, 874 So. 2d 634, 638 (Fla. 3d DCA 2004); Burger v. Burger, 862 So. 2d 828, 831-32 (Fla. 2d DCA 2003); Perdices v. Perdices, 800 So. 2d 289, 290 (Fla. 3d DCA 2001); Muniz v. Muniz, 789 So. 2d 370, 371-72 (Fla. 3…
  • Lane v. Lane, 16 So. 3d 179 (Fla. 5th DCA 2009)
    …o not approach the stringent standard that must be met for a court to change the custody designation in the final judgment based on the parties’ agreement. See, e.g., Adorno v. Rivera, 847 So. 2d 1018, 1019 (Fla. 5th DCA 2003); Agranoff v. Agranoff, 882 So. 2d 1085, 1086 (Fla. 2d DCA 2004); Jannotta v. Hess, 959 So. 2d 373, 374 (Fla. 1st DCA 2007); Good v. Good, 664 So. 2d 329, 330 (Fla. 3d DCA 1995). The trial court was right to be concerned with the last factor and its implications. Depending on the evidenc…

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