Tonya YOUNG, Appellant,
v.
James YOUNG, Appellee.
District Court of Appeal of Florida, First District.
*1134 Leatrice Williams Walton of Jacksonville Area Legal Aid, Inc., Jacksonville, for Appellant.
Terroll J. Anderson of Patterson, Bond & Latshaw, P.A., Jacksonville Beach, for Appellee.
WEBSTER, J.
The former wife seeks review of an order changing the primary residential custody of the parties' 6-year-old child to the former husband based primarily upon the facts that the former wife had had another child out of wedlock, who was living with her and the parties' child, and that the living conditions of appellant and the children were somewhat less than ideal. Because the evidence failed to establish either that the child's needs were being unmet in any way or that maintaining the status quo would be detrimental to the child, we reverse.
The parent seeking to modify a prior award of primary residential custody "`carries an extraordinary burden'" to plead and prove that the parties' circumstances have changed substantially since the entry of the last order addressing custody and that a change in custody would be in the best interest of the child. Zediker v. Zediker,
the trial court finds that a change in custody will so clearly promote or improve the child's well-being to such an extent that any reasonable parent would understand that maintaining the status quo would be detrimental to the child's overall best interests. This test involves more than a decision that the petitioning parent's home would be "better" for the child, and requires a determination that there is some significant inadequacy in the care provided by the custodial parent. *1135 Gibbs v. Gibbs,686 So.2d 639 , 641 (Fla. 2d DCA 1996). The evidence presented by the former husband in support of his motion failed to satisfy this test.
The former husband did present evidence from which the trial court might have concluded, as it apparently did, that his home would be "better" for the child. However, he presented no evidence to suggest that either the living conditions or the care provided by the former wife had been detrimental to the child in any way, or that any of the child's needs were not being met. Because no evidence was presented to suggest that either the living conditions or the care provided to the child by the former wife had been detrimental to the child, or that any of the child's needs were not being met, the trial court should not have changed custody from the former wife to the former husband. See, e.g., Kelly v. Kelly,
REVERSED.
ALLEN and VAN NORTWICK, JJ., CONCUR.
