This section contains the nature of the case and procedural background.

An architect (H) married an attorney (W) and had two daughters. H was very successful until the stock market crash of 1987. W moved up the litigation ladder and became a well-paid successful litigation attorney at a major Miami firm. H moved down the ladder and since the stock market, crash remained unemployed. Eventually, the parties divorced, and dispute arose over the matter of custody. Evidence was presented on the lifestyle of W and H and their interactions with the children. W was recommended for custody by the guardian ad litem in that W was more economically stable, a more constant factor in the relations with the children, and controls her anger better. H presented a large amount of evidence that he was intimately involved with the children and their lives. The trial court gave custody to W and H appealed.

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