Relocation Disputes and the Best Interests of the Child

One of the most contentious issues facing family courts is when one parent wants to move away with their minor children, thus potentially depriving the other parent of access to their children. If one parent intends to relocate more than 50 miles away from where they were, the courts need to weigh the relocation in light of the child’s best interests. The Florida courts place a great deal of emphasis on the child’s best interest when rendering these decisions.

Background of the case

The aforementioned case involved a dispute between the parents after divorce regarding the relocation of their child. The mother wanted to move from one state to another along with her minor child, and the father opposed the idea as it would affect his relationship and visitation rights.

During the hearing, both parties presented several arguments on different aspects of the relocation, such as reasons for moving, benefits to the child, and consequences related to the father’s visitation rights. Based on the above considerations, the trial court permitted the mother to move away with the child.

However, the father filed an appeal in which he challenged the decision made by the trial court for failing to consider the interest of the child and the consequences of limiting his parental relationship with the child.

The appeal

During the appellate process, the Florida Second District Court of Appeals considered the applicable criteria for resolving relocation matters. First of all, the court pointed out that when resolving such matters, the judge should pay special attention to assessing the actual need for relocation as a measure contributed to meeting the needs of the children and not of the parent who wants to move.

Moreover, one more important factor was continuing a meaningful relationship with each parent. Courts are required to analyze the effects that moving will have on the visitation schedule, communication between the child and the parent staying behind, and emotional considerations.

After reviewing the evidence collected during the trial, the appellate court assessed whether the mother managed to prove that her decision was in the child’s best interests, and, at the same time, allowed the father regular contact with his children.

After considering the evidence provided and the arguments put forth by both parties, the appellate court came to the conclusion that the decision made by the lower court was erroneous and did not consider the best interests of the child properly.

Thus, the court canceled the relocation decision due to a lack of evidence supporting the judge’s position.

Talk to a Tampa, FL, Child Custody Lawyer Today

Westchase Law, P.A., represents the interests of Tampa parents looking to relocate with their child. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

case-law.vlex.com/vid/pelliccia-v-arce-no-892829178