Stanton v. Stanton

I concur in the result reached by the majority; however, I do so by applying the legal analysis I believe to be more consistent with existing law regarding child custody.

The record discloses, and it is undisputed by the parties, that there has never been a custody adjudication in this ease. The father’s June 1992 petition for custody was the first time a court had been asked to determine custody between these parents. As such, there is no judgment to modify, wherein the standard espoused by our Supreme Court in McLendon, supra, would be applicable. Poe v. Capps, 599 So.2d 623…