Bryan v. Bryan

1 Citing case

  1. Smith v. Smith

    212 So. 2d 117 (Fla. Dist. Ct. App. 1968)   Cited 6 times

    The Florida Supreme Court upheld the chancellor's ruling that the altered conditions occurring after the entry of the final decree were sufficient to warrant modification of that decree. See also Bryan v. Bryan, Fla. 1954, 75 So.2d 189. Based upon Dunlap and Bryan, we find that the chancellor erred in ruling that the changes in question were not material and were insufficient to support a modification of custody. As mentioned in the above-quoted portion of the Bennett case, the chancellor in order to alter the custody provisions of a divorce decree must find a substantial change in conditions occurring subsequent to the divorce or relevant material facts must come to his attention which were existent at the time of the divorce proceedings but which were then unknown to him.