Can I Relocate My Children After a Florida Divorce?

You can relocate your children in Florida, but you need court approval first, unless your former spouse agrees to the move. Relocating without court approval could be considered kidnapping. The State of Florida has a vested interest in the well-being of its children. If you want to move with your minor children, you will have to petition the court for approval. One case that demonstrates this premise is Mize v. Mize. In this article, the Largo, FL, divorce lawyers at Cairns Law, P.A., will discuss the case and its significance to Florida residents.

Background of the case 

The former husband and former wife divorced in 1985. The former wife was granted primary physical custody (meaning the child lived with her) of their two-year-old daughter. The former husband had visitation rights. A court order prohibited either parent from moving out of the State of Florida without the court’s permission. In 1990, the former wife filed a petition with the court to relocate their then-seven-year-old daughter to California. The former wife cited her former husband’s child support arrears, a better-paying job opportunity in California, and the support of her father, who lived in California. The former husband opposed the move and petitioned the court to block the former wife from moving.

The court’s ruling

This case went all the way to the Florida Supreme Court. The Florida Supreme Court determined that the “best interest of the child” standard should be employed to decide this matter. The court highlighted several factors for trial courts to consider when a custodial parent seeks to relocate. These included:

• Whether the move would improve the child’s overall quality of life
• Whether the relocation request was made in good faith and based on a genuine belief that moving is best for the child’s well-being
• Whether the relocating parent is likely to comply with complicated visitation arrangements
• Whether the cost of transportation for visitation is financially possible

In Mize, the court favored relocation if the custodial parent had a good-faith reason to believe that the move was in the child’s best interests, rather than an attempt to prevent the other parent from accessing their children.

Impact of the Mize case 

Mize v. Mize influenced how the Florida courts handle parental relocation cases. The case reinforced that the child’s best interests were the paramount consideration when determining if a move is allowed.

The trial court had ruled in favor of the mother and decided that the mother should be able to move with her child. However, the appellate court reversed the decision. The case made its way before the Florida Supreme Court, which quashed the trial court’s decision and remanded the case for further consideration in light of the guidelines outlined in the Supreme Court’s opinion.

Talk to a Largo, FL, Child Custody Lawyer Today

Do you want to relocate with your children in Florida? Call the Largo, FL, family law attorneys at Cairns Law, P.A. We can help you argue for the relocation.

Source:

law.justia.com/cases/florida/supreme-court/1993/79256-0.html#:~:text=%5BS%5Do%20long%20as%20the,residence%20should%20ordinarily%20be%20approved.