When Can a Parent Temporarily Relocate With a Child in Florida?

Relocating with a child after a divorce or paternity case is rarely simple, and Florida law sets a high bar for parents who want to move a child’s residence, even on a temporary basis. What happens when a parent asks the court to approve a move right away, before a full hearing can take place? A recent Florida appellate decision offers some clarity.

Background of the case

The parents in this case operated under an established parenting plan that gave the mother sixty percent of the time-sharing with the children and the father the remaining forty percent. After her husband received military orders sending him to another location, the mother petitioned to relocate with the children and asked the court for an expedited temporary relocation order so she could move before the final hearing.

At the hearing, the mother testified that she wanted to be with her husband and their baby. She did not, however, present evidence about how the move would benefit the children specifically. She could not identify any schools she had researched in the new location, and she acknowledged that she had no family or friends there. Despite these gaps, the trial court granted the temporary relocation request, and the father appealed.

The appeal

Florida’s relocation statute, section 61.13001 of the Florida Statutes, does not require a trial court to make specific written findings when ruling on a relocation request. Still, the reviewing court noted that the absence of findings makes appellate review more difficult, since there is little for the appellate panel to examine beyond the record itself.

Here, the record showed the trial court had only addressed one relevant consideration, that the relocation was sought in good faith. Good faith alone is not enough to justify a temporary relocation order. The mother’s own testimony established that the move would improve her household and her relationship with her husband, but improving a parent’s circumstances is not the same as showing the move would serve the children’s best interests. Because the mother did not offer proof addressing the statutory factors in section 61.13001(7), the appellate court found the trial court’s order was not supported by competent, substantial evidence.

The court also pointed to a separate defect in the mother’s petition. Florida law requires a party seeking relocation to include a proposed post-relocation time-sharing schedule and transportation arrangements. The mother’s petition left that determination to the court instead of proposing a plan of her own, which the appellate court held made the petition legally insufficient on its face.

Key takeaways

This case is a reminder that Florida courts will not approve a relocation, even a temporary one, based on general assertions that a move would help a parent’s personal circumstances. A parent seeking relocation carries the burden of connecting the move to the children’s wellbeing, not just their own. It also underscores that the relocation petition itself has to meet the statute’s procedural requirements, including a workable post-relocation schedule, or it risks being thrown out regardless of the underlying facts.

Talk to a Largo, FL, Child Relocation Attorney Today

Cairns Law, P.A., represents parents in Largo who are seeking to relocate with their children or who are opposing a co-parent’s relocation request. Call our Largo child relocation lawyers today to schedule an appointment, and we can begin evaluating your options right away.

Source:

law.justia.com/cases/florida/fifth-district-court-of-appeal/2024/5d23-1486.html