Modification of Child Custody – Male child should be with Father

[Attorney Howard Iken]

Mesibov v. Mesibov, July 24, 2009, 5th District Court of Appeal

The couple was already divorced and the mother has the majority of parenting time of a male child. The mother filed for modification of the final judgment seeking to get the tax exemption for the minor child. The father decided to counterclaim – seeking majority parenting time with the child. The court gave the father majority parenting time because the child would benefit from a “male influence.” This was based on evidence the son was not acting “manly.”

The appeals court reversed the lower court ruling. The requirement for post-divorce modification is a “substantial change of circumstances” and the “best interests of the child.” But before a court can consider best-interests, they must decide there is a substantial change of circumstances.

The appellate courts have described the substantial change of circumstances test as an “extraordinary burden.” In other words – the change of circumstances must be huge. A boy – being able to benefit from an increased male influence does not qualify as a substantial change.

[Cathy S]

That's crazy - 1st of all a "child" is not going to act "manly". 2ndly - genetics determine the behavior of a person not the influence of one parent over the other.

[mrpibb37]

Genetics determine behavior??????????
I don't think so. However; I don't agree that boys should be with dads and that girls should be with moms. Children should be with whomever gives them the best home and where they would be happy and stable.

[custody101]

is there an age for a minor child in the state of Florida to choose which parent they want to live with?