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445 So. 2d 394

Callahan v. Cambron

District Court of Appeal of Florida

Decided February 16, 1984

District Court of Appeal of Florida · decided 1984-02-16

Cited by 2 later decisions — most recently May 1989

2 state decisions

Relies on 160 So. 2d 159 - Ritsi v. Ritsi

Good law ✅— No negative treatment on recordhow we know

Decided 1984-02-16

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ORFINGER, Chief Judge.

¶1The father appeals an order modifying an earlier award of custody, and granting custody of two minor children to the mother. We affirm because there is substantial competent evidence, although somewhat conflicting, to support the trial judge’s finding that there was a substantial *395change in circumstances of the parties and that it would be in the best interest of the children to change custody to the mother. There is evidence to support the finding that since the original custody award based on the stipulation of the parties, the mother’s circumstances have improved considerably while the father’s physical and financial circumstances have sharply deteriorated. Cf. Ritsi v. Ritsi, 160 So.2d 159 (Fla. 3d DCA 1964). Additionally, while certainly not binding, the trial court had the right to consider, along with other evidence, testimony of the children expressing their wish to live with their mother.

¶2We find no abuse of the trial court’s discretion and the order appealed from is therefore

¶3AFFIRMED.

COBB and FRANK D. UPCHURCH, Jr., JJ., concur.
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