Contested Custody and Relocation Under Florida Law

The most difficult type of contested custody cases involves parental relocation with the child. When a parent seeks to relocate a child a great distance from the other parent, the trial court has to weigh their competing claims and determine whether the relocation should proceed. In weighing this evidence, the trial court must make the decision based on the best interests of the child. In this case, the Tampa child custody lawyers at Westchase Law, P.A., will discuss a real case involving a proposal to move the child away from one of the parents.

Background of the case

This case was a post-dissolution custody matter concerning the relocation of three minor children. The former husband requested permission to relocate the child from Florida to Oregon. His reasons for requesting the relocation were based on the fact that this would improve the quality of life for his family and the opportunities for the children. The former wife opposed the relocation because she felt that it would significantly reduce her time with her children.

The case was heard by the court as a contested case since the parties were unable to come to an agreement. Both parties presented evidence and testimony regarding the statutory relocation factors, including parental involvement, the adjustment to the current community for the children, and the possibility for substitute timesharing if the relocation was permitted. 

The appeal

In this case, the trial court denied the father’s request to move to Oregon with his children. Unhappy with the decision, the father appealed. In his appeal, he alleged that the trial court abused its discretion when applying Florida’s relocation statute and in failing to consider sufficient evidence in support of the move. The First District Court of Appeal, however, affirmed the decision of the trial court.

The First DCA explained that in making a decision on a relocation case, the facts are very particular, and the trial court is required to consider multiple factors when making a decision. As long as the proper analysis was made by the trial court, and its findings were supported by evidence, the appellate courts will not reweigh the evidence or make a decision based on their own judgment.

In affirming the trial court’s decision, the First District Court of Appeal explained that the trial court analyzed the factors in the relocation case and provided a decision supported by the evidence. Therefore, the relocation was denied.

Key takeaways from the case

This case illustrates a number of important principles in contested custody and relocation cases. First, relocation cases are based on the evidence, not the aspirations of the party seeking to relocate. Even the most well-intentioned relocation plans will not be approved if they have a detrimental impact on the non-relocating party’s relationship with the children.

The case is also a reminder to any party contemplating a relocation of the importance Florida courts place upon stability, continuity, and the family relationship, and the high standard of proof required in contested cases. 

Talk to a Tampa, FL, Child Custody Lawyer Today

Westchase Law, P.A., represents the interests of parents seeking to relocate with their minor children. Call our Tampa family lawyers today to schedule an appointment, and we can begin drafting your arguments right away.

Source:

caselaw.findlaw.com/court/fl-district-court-of-appeal/2000951.html