15. Former Husband moves to dismiss Former Wife’s Supplemental Petition forModification for failure to state a cause of action upon which relief may be granted per Rule1.420(b), Florida Rules of Civil Procedure
for the reasons stated:a. In order to obtain a modification, the moving party must satisfy a two-part test byestablishing through competent, substantial evidence that (1) there has been a substantialor material change in circumstances since the initial custody decision, and (2) themodification is in the best interest of the children involved. Sanchez v. Hernandez, 45 So.3d 57, 61 (Fla. 4th DCA 2010).To meet the "substantial change" prong of this test, there must be a "factual basis sufficient toshow the conditions have become materially altered since the entry of the previous[custody] decree." Wade v. Hirschman, 903 So. 2d 928, 933 (Fla. 2005) (quoting Frazierv. Frazier, 147 So. 464, 467 (Fla. 1933)). The burden placed on the moving parent has beentermed "extraordinary," Reed v. Reed, 182 So. 3d 837, 840 (Fla. 4th DCA 2016), so as tohonor the res judicata effect of the original custody determination, and to preclude theparties to a dissolution from continually disrupting the lives of their children by initiatingrepeated custody disputes. Pedersen v. Pedersen, 752 So. 2d 89, 91 (Fla. 1st DCA2000); Zediker v. Zediker, 444 So. 2d 1034, 1036 (Fla. 1st DCA 1984).b. Former Wife alleges a substantial change in circumstances that has already beenalleged and denied by this Court.c. Notwithstanding the aforementioned case law, Former Wife, as the Petitioner,alleges a substantial change that does not rise to the level of change on which the Courtmay modify a parenting plan.d. A mother's financial instability, and frequent residence changes... are not sufficientgrounds to justify a custody modification. Burger v. Burger, 862 So. 2d 828, 829 (Fla. Dist.Ct. App. 2d Dist. 2003)WHEREFORE, the Former Husband, by and through the undersigned counsel,respectfully ***** ***** Court:A. Dismiss Former Wife’s Supplemental Petition to Relocate with MinorChildren.B. Award Former Husband such other and further relief as to this Courtdeems just and proper.