How Do Florida Courts Handle Child Relocation Petitions?
Child relocation disputes rank among the most contested issues in Florida family law. Whenever one parent wants to relocate the child more than 50 miles away from their principal residence, the Florida court is required to weigh the reasons why the relocating parent wants to move against the rights of the non-relocating parent to maintain a significant relationship with the child. In this article, we’ll discuss a real Florida family law case involving child relocation.
Background of the case
In this case, a divorced couple with joint custody of their minor children were in conflict over a relocation. The mother, who had primary residential custody, wanted to relocate to another state, which would create a greater distance between the child and the father, who was very much involved in the child’s life.
In seeking permission to relocate, the mother offered a substitute time-sharing schedule that would allow the child to continue a relationship with his father. However, this schedule would have required a lot of long-distance travel for the child, including multiple flights in a year.
In objecting to this relocation, the father stated that he did not think the relocation would allow him to continue a relationship with his child, as he was very much involved in the child’s daily life. He argued that the relocation was not in the child’s best interests.
Based on all of these facts, the trial court denied the mother’s request to relocate, as it did not believe the substitute time-sharing schedule would allow the father to maintain a relationship with his child.
The appeal
The mother appealed the decision of the trial court. She argued that the court had abused its discretion by denying her relocation request. The Fourth District Court of Appeal considered the decision under the abuse of discretion standard. This is a very deferential standard of review that is applied to decisions regarding child relocation.
The court focused on Florida Statutes section 61.13001. This section provides that courts must consider many factors when deciding a relocation case. These factors include whether the relationship will improve the child’s quality of life and the relocating parent, and whether the new time-sharing arrangement will allow the non-relocating parent to maintain a relationship with the child.
The Fourth District Court of Appeal decided in favor of the father and blocked the mother’s relocation request. It held that there was competent and substantial evidence to support the finding that the relocation would significantly impact the father’s involvement with the child. It noted that long distance and infrequent visits were not reasonable substitutes for actual parenting time.
Talk to a Clearwater, FL, Child Relocation Attorney Today
If you want to move with a minor child, you must get the other parent’s permission or a court ruling saying that the move is in the best interests of the child. Cairns Law, P.A., represents the interests of parents who want to move or block a move. Call our Clearwater family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
Source:
caselaw.findlaw.com/court/fl-district-court-of-appeal/1575582.html
