Chapman v. Prevatt

845 So. 2d 976, 2003 WL 21180389
CourtDistrict Court of Appeal of Florida
DecidedMay 21, 2003
Docket4D02-2635
StatusPublished
Cited by15 cases

This text of 845 So. 2d 976 (Chapman v. Prevatt) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chapman v. Prevatt, 845 So. 2d 976, 2003 WL 21180389 (Fla. Ct. App. 2003).

Opinion

845 So.2d 976 (2003)

Stacey Renee CHAPMAN, Appellant,
v.
Norman Mitchell PREVATT, Appellee.

No. 4D02-2635.

District Court of Appeal of Florida, Fourth District.

May 21, 2003.

*978 Troy W. Klein of Troy W. Klein, P.A., West Palm Beach, for appellant.

No brief filed for appellee.

GROSS, J.

In this case, the circuit court allowed a mother to relocate to Colorado with her school-aged children, but imposed a custody arrangement where the children would switch back and forth from Colorado to Florida. Nothing in the record demonstrates that such a rotating custody arrangement is in the best interest of the children. We reverse.

Stacy Chapman and Norman Prevatt were divorced by a final judgment dated June 30, 1998. The parties have two minor children, Brooke, born November 17, 1991, and John, born March 30, 1994. At the time of the final judgment, the mother and the father lived in Okeechobee, Florida.

On March 20, 2000, the mother filed a petition for modification seeking to change the visitation schedule because she was living and working in Palm Beach County. On November 13, 2000 the father filed a counter petition for modification; he sought primary residential custody of the children, contending that the mother had failed to comply with the requirement of shared parenting and that she had denied him visitation.

On July 13, 2001, the mother filed an amended petition for modification requesting that she be allowed to relocate to Colorado with the children, following her remarriage on April 7, 2001. Her new husband was on active duty with the Air Force and was transferred to Colorado Springs.

A one-day trial occurred on August 8, 2001.

The mother acknowledged that the parties had agreed that the father would have visitation on Tuesdays and Thursdays, and every other weekend. She moved to West Palm Beach in late 1999, without the father's consent, because she had a good job opportunity. She enrolled the children in school in West Palm Beach in August, 2000, also against the father's wishes. After that time, the mother drove the children to and from Okeechobee to visit their father.

The mother testified that her new husband expected to be stationed in Colorado Springs for three years. The mother described various opportunities available for the children in Colorado, such as the Rocky Mountains, mountain waterfalls, a YMCA on the Air Force base, after-school programs and field trips, snow boarding and skiing, and college and professional sports teams. The mother believed that the children would benefit from these diverse opportunities, which were not available in Okeechobee.

*979 If allowed to relocate with the children, the mother planned to enroll in a community college near the military base, where tuition was offered at a 50% reduction for military spouses. She intended to take a year-long EKG and ultrasound program, expecting that her current pay would jump from $10 to $25 an hour.

After the mother moved with the children to West Palm Beach, she conceded that it was too difficult for the children to stay with their father during the week, because their school was over an hour away from Okeechobee. The children instead stayed with their father on alternate weekends.

The mother proposed a different visitation schedule if her relocation request were granted: to fly the children back to their father for holidays and school vacations, to provide for e-mail with visual camera communication, to give the father six weeks of summer visitation and an extended Christmas vacation, and to be flexible in allowing the children to travel and see their father at other times during the year.

The father testified that when his children were living in Okeechobee, they were with him every Tuesday and Thursday, and alternating weekends. The children were actively involved in the father's church most of the year. The father felt his relationship with his children would suffer if the children moved to Colorado, just as the relationship had suffered when the children moved to West Palm Beach. Once the children switched schools, the father was not as actively involved with their school and homework. The father made the decision to end the weekday/overnight visitation after trying the arrangement for a few weeks and realizing the travel was too burdensome on the children. He offered no testimony that he had ever visited his children on any weekdays since they moved to West Palm Beach and the twice-weekly overnight visitation had ended.

In the final judgment, the trial judge found that the move to Colorado would be likely to improve the general quality of life for the mother and her children (when they are living with her), that the mother's financial situation would greatly improve, and that there are a number of military benefits she and the children would enjoy. The court did not believe the quality of activities for the children available in Colorado supported relocation. The judge determined that the mother's relocation was not for the express purpose of defeating the father's visitation, given that her new husband was transferred to Colorado.

The trial court was concerned that neither parent would follow orders regarding visitation. The judge found that the mother has the financial resources to handle the costs of transportation to ensure that the children would have meaningful contact with the father if the relocation were granted.

The trial court ruled that there had been a substantial change in circumstances since dissolution; both parties had remarried [the father had remarried in August 2001, remaining in Okeechobee County], with the mother's new husband being stationed in Colorado and both parents were "totally incapable of being able to communicate with each other in a meaningful way that is best for these children." The court concluded that it was in the best interests of the children to modify the custodial arrangement.

The trial court's order of modification held that it was "in the minor children's best interests for the parties to rotate primary residence of the minor children on an annual basis." (emphasis added). The court set a schedule:

*980 1) For the 2001-02 school year, the children would reside with the mother out-of-state;
2) For the 2002-03 and 2003-04 school years, the children would reside with the father;
3) For the 2004-05 and 2005-06 school years, the children would reside with the mother;
4) For the 2006-07 school year, the children would reside with the father;
5) For the 2007-08 and 2008-09 school years, the children would reside with the mother;
6) For the final three years of high school, each child would be with their respective gender parent.

The non-residential parent would have the children for the Christmas and Easter school vacations, with an extended summer visitation only in the middle of the two-year rotation block, and with telephone or video Internet connection every Sunday afternoon and Tuesday evening. The residential parent was required to send a monthly one-page report to the other parent detailing the children's school performance, extracurricular activities, and any medical problems or doctor visits.

Under the modification order, if a residential parent failed to comply with the order requiring the delivery of the children for visitation or a custody change, the penalty to be assessed was a "consecutive forfeiture" of the next two visitations to which the non-residential parent was entitled.

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Cite This Page — Counsel Stack

Bluebook (online)
845 So. 2d 976, 2003 WL 21180389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chapman-v-prevatt-fladistctapp-2003.