According to Florida law, the extraordinary burden test for a change of child custody applies whether the requested change of custody is temporary or permanent:
A party seeking modification of a final judgment awarding custody is required to meet an extraordinary burden—a much higher standard than would be required to obtain custody prior to final judgment. Gibbs v. Gibbs, 686 So.2d 639, 641 (Fla. 2d DCA 1996) (“The analysis in a modification proceeding is substantially different from when the initial child custody decision is made in the dissolution because the presumption in favor of the custodial parent in the modification proceeding can only be overcome by satisfying an extraordinary burden.”). There are two elements of the extraordinary burden test. First, the party seeking modification must “establish that circumstances have substantially changed since the final judgment.” Id. Second, it must be shown that “a change in custody will so clearly promote or improve the child's well being ... that any reasonable parent would understand that maintaining the status quo would be detrimental to the child's overall best interests.” Id. The extraordinary burden test applies whether the requested change of custody is temporary *779 or permanent. Glover v. Glover, 820 So.2d 324, 325 (Fla. 5th DCA 2001).
See: Hastings v. Rigsbee, 875 So. 2d 772
Related (From our main website):
- Child Custody in Florida
- Advocating for Your Child’s Best Interest
- How to File for Child Relocation in Florida and Win Your Case
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