Does remarriage and a new home justify change in custody?

According to Florida law, the remarriage of noncustodial parent and acquisition by that parent of suitable home are not changes of circumstances which of themselves justify transfer in custody:

When considering a petition for modification of custody, the court does not have the same degree of discretion as it does in entering the original decree. Robinson v. Robinson, 333 So.2d 526 (Fla. 2d DCA 1976); Avery v. Avery, 314 So.2d 198 (Fla. 1st DCA 1975). To warrant modification of a custody award, there must be competent, substantial evidence that (1) there has been a substantial or material change in the condition of the parties and (2) the best welfare of the child will be promoted by the change in custody. Sanders v. Sanders, 376 So.2d 880 (Fla. 1st DCA 1979). The order changing custody need not include a finding that the prior custodial parent is unfit. Negative factors in the circumstances of the custodial parent when coupled with the intervening special needs of the child and increased ability of the non-custodial parent to provide for the child, may be sufficient to justify change. Jayne v. Dennison, 284 So.2d 237 (Fla. 2d DCA 1973). However, the fact that the father had remarried, that the mother was working while her parents cared for the child, that she was having marital difficulties and that she had changed her place of residence several times, was not sufficient to justify a change in custody absent a finding that the child was adversely affected by the conditions. Spradley v. Spradley, 312 So.2d 215 (Fla. 1st DCA 1975). Likewise, the remarriage of the non-custodial parent and the acquisition by that parent of a suitable home are not changes of circumstances which of themselves justify a transfer. Ritsi v. Ritsi, 160 So.2d 159 (Fla. 3d DCA 1964).

See: Stricklin v. Stricklin, 383 So. 2d 1183

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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