GREENE v. SUHOR

No. 5D00-1189.

783 So.2d 290 (2001)

Graham Marquis GREENE, Appellant/Cross-Appellant. v. Diane Jean SUHOR, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 9, 2001.


Attorney(s) appearing for the Case

Cynthia L. Greene of Law Offices of Cynthia L. Greene, P.A., Miami, and Law Offices of Rose M. Hurnevich, Orlando, and for Appellant/Cross-Appellee.

Sharon Lee Stedman of Sharon Lee Stedman, P.A., Orlando, for Appellee/Cross-Appellant.


SHARP, W., J.

The father, Graham Greene, appeals from a final order of modification which denied his petition for primary residential custody of his eight year old son Shane. The trial court found that the father failed to show a substantial change of circumstances. We conclude that under the facts of this case, the father was not required to meet this heavy burden of proof. Rather, the modification proceeding should have been treated as though it were an initial...

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