Bracken v. Bracken

The former wife appeals an order of the circuit court in Broward County denying her motion to dismiss or transfer her former husband’s petition for modification of child custody to Hillsborough County, where the former wife’s earlier-filed petition for modification was pending. Because the court erred in its application of section 61.13(2)(c), Florida Statutes (2000), we reverse.

The parties were divorced by a final judgment entered in Broward County, Florida. Prior to the entry of the final judgment, the former wife and child had moved to Hillsborough County. Three years later, she filed a…