Wade V. Hirschman - Supreme Court of Florida

Wade V. Hirschman

By Supreme Court of Florida

  • Release Date - Published: 2005-05-26
  • Book Genre: Law
  • Author: Supreme Court of Florida
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Wade V. Hirschman Supreme Court of Florida read online review & book description:

We have for review Wade v. Hirschman, 872 So. 2d 952 (Fla. 5th DCA 2004), which expressly and directly conflicts with the decision in Cooper v. Gress, 854 So. 2d 262 (Fla. 1st DCA 2003).*fn1 We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. At issue is the test courts should use in proceedings to modify rotating custody agreements. The conflict to be resolved is whether the trial court should base modification of rotating custody agreements on the considerations set forth in section 61.13, Florida Statutes (2003), as if it were making an initial custody determination as the Fifth District Court of Appeal held in Wade, or whether the trial court should utilize the "substantial change test,"*fn2 as the First District Court of Appeal held should be used in Cooper.*fn3 For the reasons set forth below, we conclude that the substantial change test as used in Cooper applies to modification of all custody agreements.*fn4

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