case brief Wages V. Wages

Case brief Wages V. - Holding The court decided that It would not have been in the child’s best interest to be relocated with her father

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Belen Cardenas Andrew Ault February 16, 2008 WagesV.Wages 660 So. 2d 797(1963) Facts: The mother filed a petition for divorce on October 28, 1993. The trial court’s final ruling was that the mother be the primary residential parent of the daughter. The father was to pay child support. Several months later the mother remarried and relocated to Kentucky. The visitation of every other weekend became too burdensome for the father so the mother requested a modification of the visitation schedule. The father responded with a letter to the trial court stating that the custody be switched to him for various reasons or that he no longer be obligated to pay child support and that the child live with him in the summer. Issue: Whether It would have been in the child’s best interest to be relocated with the father.
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Unformatted text preview: Holding: The court decided that It would not have been in the child’s best interest to be relocated with her father. Rationale: The mother’s move to Kentucky might have been a substantial change in circumstances, but there was no evidence found by the trial court that this change affected the welfare of the child, and that it would have been in the best interest of the child to move with the father. If the trial would have been conducting the hearing as though it were making the initial custody determination, then the ruling may have been appropriate, but the father did not meet the burden that is required to switch custodies. He had to have shown that the welfare of the child would have been greatly affected by the substantial change in circuamstances. Result Reversed and Remanded...
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This note was uploaded on 11/15/2011 for the course BUS-M 401 taught by Professor Sasha during the Spring '11 term at IUPUI.

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