821 So. 2d 1219 | Fla. Dist. Ct. App. | 2002
Tammy Sue Dobson (“mother”) appeals an order modifying custody, contending that the father, Jerry Eugene Dobson (“father”), failed to prove that a substantial change in circumstances occurred, or that a custody change would be in the children’s best interest. We disagree and affirm.
A modification of custody is permitted when a material change in circumstances has occurred and a change of primary residential custody is in the best interest of the children. See Stearns v. Szikney, 386 So.2d 592, 594 (Fla. 5th DCA 1980) (citing Sanders v. Sanders, 376 So.2d 880 (Fla. 1st DCA 1979)).
The record, including the mother’s own testimony, provides substantial competent evidence supporting the trial court’s decision. The record reflects that the primary residence at the mother’s home has been and will be detrimental to the children. The'record raises numerous concerns regarding the children’s welfare while living at the mother’s home. First, although both children failed the 2000-2001 academic school year, the mother did not attempt to locate a tutor, while the father located a tutor for the children. Also, the mother missed several teacher conference meetings that were necessary to initiate psychological testing for the children. Second, the children have been exposed to unsafe situations. For example, the children were involved in a car accident while
The record reflects that the mother’s home is an unsafe environment for the children. Further, it is evident that the children have special intervening needs regarding school and their health. See Stricklin v. Stricklin, 383 So.2d 1183, 1184 (Fla. 5th DCA 1980) (agreeing with Jayne v. Dennison, 284 So.2d 287, 238 (Fla. 2nd DCA 1973) that negative factors coupled with intervening special needs and increased ability to provide for the children may justify a change in custody.) Considering the facts, we find the trial court did not abuse its discretion.
AFFIRMED.