Matthew Lane & Associates, P.A.

Child Custody And Visitation in Palm Beach County, Florida

When there is a custody dispute between a parent and a third party custody should only be denied to the natural parent when an award of custody to the natural parent would be detrimental to the child. "When the custody dispute is between a natural parent and a third party, however,...custody should be denied to the natural parent only when such an award will, in fact, be detrimental to the welfare of the child. In re Guardianship of D.A.McW., 460 So. 2d 368, 369-70 (Fla. 1984); see Richardson v. Richardson, 766 So. 2d 1036, 1039 (Fla. 2000) (holding that where a parent seeks to modify a third party custody award the test to be applied is whether the parent is fit and whether a change in custody will be detrimental to the child)...See Bateman v. Johnson, 818 So. 2d 569, 571 (Fla. 2d DCA 2002) (defining detriment as \"more than the normal trauma caused to a child by uprooting him from familiar surroundings such as often occurs by reason of divorce, death of a parent or adoption...the change in custody would have to be likely to produce mental, physical, or emotional harm of a lasting nature\") (citations omitted)." Slover v. Meyer.

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