Florida Family Law Case Addresses Child Relocation
Relocation cases tend to be emotionally charged. One parent stands to lose access to the child if the other parent moves. The timesharing schedule needs to be completely rewritten, and the move will impact the child’s status quo.
In Florida, there is a particular statute that deals with relocation cases, and the courts must follow this statute religiously. In this article, the Largo, FL, family law attorneys at Cairns Law, P.A., will discuss a contested child relocation case that made its way to the appellate court.
Background of the case
In the aforementioned case, the parents shared children and had a parenting plan approved by the court. However, the father filed a Verified Notice of Relocation that requested that the children be relocated to North Dakota. Under Florida law, a parent must obtain written consent from the other parent or have court approval to relocate a child more than 50 miles away for 60 consecutive days or more.
Ultimately, the trial court determined that the father failed to prove that relocating the children was in their best interests, which means that the request to relocate failed under the relocation statute. However, the trial court still went on to modify the parenting plan and timesharing arrangement in a way that essentially treated the father’s relocation as a reason to modify the timesharing schedule anyway.
In essence, what this means is that the mother’s position was that if the father failed to prove that relocating the children was in their best interests, then he should not be allowed to indirectly achieve the same result through a modification.
The appeal
In this case, the mother appealed to the Fourth District Court of Appeal. On appeal, the main issue was whether the father’s relocation, which was not proven to be in the best interests of the children, was still a basis for modifying the timesharing agreement.
The Fourth DCA reversed the case. In reaching its decision, the appellate court pointed out an important issue: a parent’s voluntary relocation is not, by itself, a good reason to change the timesharing agreement. There must be a substantial, material, and unanticipated change in circumstances to do that. A real change in circumstances, which affects the child, is required by the Florida courts, not a parent’s voluntary act.
The Fourth DCA also pointed out an important issue: a parent cannot avoid the strict requirements of the relocation statute by asking for a modification of timesharing when, in fact, the real issue is relocation.
Talk to a Largo, FL, Family Law Attorney Today
If you’re a parent who needs to relocate with a minor child, Cairns Law, P.A., can help you file your case with the court. Call our Largo 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/118011646.html
