BURGER v. BURGER

No. 2D02-4944.

862 So.2d 828 (2003)

Cheri Marie BURGER, n/k/a Cheri Marie Pedigo, Appellant, v. Joshua Caleb BURGER, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 30, 2004.


Attorney(s) appearing for the Case

Raymond J. Rafool, II, of Rafool & Rafool, P.A., Winter Haven, for Appellant.

William C. Hamm, Jr., Lakeland, for Appellee.


VILLANTI, Judge.

Cheri Marie Pedigo (the Mother) challenges the trial court's order transferring primary residential custody of her eight-year-old son to Joshua Caleb Burger (the Father). Because the Father failed to meet the "extraordinary burden" test for child custody modification set forth in Gibbs v. Gibbs, 686 So.2d 639, 641 (Fla. 2d DCA 1996), we reverse.

Shortly after the parties married on June 14, 1996,...

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