Relocation and Child Custody Disputes in Florida

The complexity involved in child custody cases can escalate further when one parent attempts to move out of state with a minor child. A move might have a considerable impact on the existing parenting plan and the connection between the child and the other parent. For this reason, Florida courts are extremely cautious when addressing applications for relocation, ensuring that any proposed relocation is in the best interests of the child. In this article, we’ll discuss a real Florida family law case dealing with the relocation of a child.

Background of the case

In the aforementioned case, the couple had been divorced previously and were equally responsible for the upbringing of their two minor children. The parenting plan contained in the final dissolution decree had included extensive sharing of parental time, keeping in mind Florida’s law favoring the child maintaining a close relationship with both parents whenever possible.

In this case, post-divorce life was changing for the parents, and the mother petitioned the court to allow her to relocate with the two minor children to Jacksonville, Florida. Parental relocation is common if the parent wants to get a job elsewhere, move near relatives, or remarry. However, the relocation could disturb the current time-sharing and deprive the other parent of regular contact with their children.

The father did not agree to the request to relocate with the children and filed his petition asking the court to allow him to move to South Carolina with the minor children. The father had relatives in the region and felt that settling down there would be of great benefit to him and the children.

Both the mother and father wanted to relocate with the children to another place, and thus, the trial court needed to decide which relocation was in the child’s best interests.

The appeal

In the end, the trial court determined that the best interests of the child would be served by giving the father temporary custody of the children until a final trial. The mother, however, appealed the decision and took her case before the Fifth District Court of Appeal, arguing that the move to South Carolina was not in the child’s best interests.

Under section 61.13001 of the Florida Statutes, the court is required to consider a number of issues in determining whether a relocation is appropriate. This includes the current relationship between the parent and child; whether it is possible to continue time sharing with both parents,l whether the relocation would provide any benefit to the children; and whether it would meet the emotional needs of the children.

After considering the matter carefully, the appellate court found that the trial court conducted the proper analysis regarding the relocation based on competent evidence presented during the trial. Accordingly, the court decided to affirm the lower court’s decision.

Talk to a Tampa, FL, Child Relocation Lawyer Today

Westchase Law, P.A., represents the interests of Florida parents looking to relocate with a minor child. Call our Tampa family lawyers today to schedule an appointment, and we can begin preparing your arguments right away.

Source:

caselaw.findlaw.com/court/fl-district-court-of-appeal/117354231.html