Kaschak v. Kaschak

Appellant, Rachel Kaschak, challenges the trial court’s order transferring primary residential responsibility of the parties’ minor children to her former husband, Daniel Kaschak. The primary issue in this case is whether a trial court must expressly find a substantial change in circumstances before modifying custody pursuant to section 61.13(4)(c)5., Florida Statutes (2003). We find, under the language of the statute, that a change in circumstances, other than the circumstance described in the statute, need not be shown and, therefore, we affirm.

The trial court transferred primary…