Friday, December 8, 2023

Can poor moral choices affect child custody modification?

According to Florida law, poor moral choices alone are not sufficient grounds for modifying custody unless they have an impact on the child's well-being:

Poor moral choices are insufficient grounds to modify custody, absent some impact on the child. Dinkel v. Dinkel, 322 So.2d 22 (Fla.1975); Jablon v. Jablon, 579 So.2d 902 (Fla. 2d DCA 1991). Frequent moves, a less stable lifestyle, even poor relationship choices standing alone may not support a custody modification where the residential parent has moved out of necessity, has subsequently established a stable home, and the child's needs have always been met. See Jablon v. Jablon, 579 So.2d 902 (Fla. 2d DCA 1991); Kelly v. Kelly, 642 So.2d 800 (Fla. 2d DCA 1994). In this case the wife filed a motion to permanently relocate the child to her boyfriend's home in Georgia. She finally withdrew it the morning of trial. The mother remained unsettled, however, without a permanent home, and showed no signs of recognizing or resolving her problems, including the issues of depression and prescription drug use which interfered with her ability to meet her daughter's needs. The record confirms a significant deterioration of parenting skills post-judgment, which established a substantial change of circumstances, and that the child's best interests would be promoted by living with her father. Bartolotta, 687 So.2d 1385.

See: Sullivan v. Sullivan, 736 So. 2d 103

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