CARROLL CRIM WILLIAMS, APPELLANT,
v.
RUTH WALSH WILLIAMS, APPELLEE
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A husband appealed the dismissal of his motion to set aside a divorce stipulation and modify the custody decree based on allegedly unknown facts demonstrating the mother's unfitness. The Florida appellate court affirmed, holding that the lower court properly allowed modification claims based on changed conditions or the best interest of the child, while permitting consideration of prior circumstances with substantial adverse effects on the child.
The court affirmed the chancellor's order, holding that the court properly allowed modification of the custody decree based on changed conditions or the best interests of the child. The court specifically permitted consideration of prior circumstances that have had a substantial adverse effect on the child, rejecting the husband's claim that pre-stipulation facts were barred from consideration.
“the ultimate welfare, or the best interest, of the child, * * * is the polestar or controlling principle to be observed”
Establishes that the best interest of the child is the controlling standard in custody matters, superseding party stipulations.
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Join FLexlaw to unlock all legal intelligenceAppellant husband and Ruth Walsh Williams entered into a stipulation in their divorce proceeding whereby the wife was awarded custody of their son. Th…
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Appellant husband brings this interlocutory appeal seeking a review of an order dismissing his amended motion to set aside stipulation and modify final decree of divorce. Factual matters alleged in appellant’s motion, for the most part, occurred prior to his entering into a stipulation by which he agreed that his wife be awarded custody of the parties’ son. He contends that such facts were unknown to him at the time he entered into the stipulation, and if now proven, the chancellor would be required to conclude that the mother is an unfit person to have custody. We observe that the subject motion did not comment upon the welfare of the child, but dealt with the alleged unfit character of the mother. We hold that the chancellor properly entered the order appealed which provided inter alia: “Leave is granted to Amend the Petition within ten (10) days so as to seek a modification of the terms of the Final Decree on the ground of changed conditions since the entry thereof; or that the best interest of any child whose custody is involved requires such modification on the basis of circumstances shown to now prevail or to have occurred, which have a substantial adverse effect on the child.”
Appellant argues that this order prevents the adducing of facts that transpired prior to his entering into the stipulation which was incorporated in the final decree. We do not so contrue the order of *339dismissal. By its order of dismissal the court specifically stated that it would consider prior circumstances which have adversely affected the child. The “ultimate welfare, or the best interest, of the child, * * * is the polestar or controlling principle to be observed.” Johnson v. Johnson, 114 So.2d 338, 341 (Fla.App. 1st, 1959).
Affirmed.
RAWLS, C. J., and CARROLL, DONALD K., and JOHNSON, JJ., concur.