Raleigh v. Smith

Heidi Raleigh (the mother) appeals from the supplemental final judgment which changes custody of the parties’ children from the mother, who resides in Massachusetts, to Derek Smith (the father), who resides in Florida. We affirm.

The mother argues that the trial court erred in changing the primary residence of the children to the father under section 61.13(4)(c)(5), Florida Statutes (2001), without considering whether the change was in the best interests of the children. That section permits a change of custody when a custodial parent refuses to honor visitation rights without proper cause if…