How Much Proof Does a Parent Need to Relocate With a Child in Florida?

If you share custody of a child and want to move to another city or state, whose job is it to prove that the move makes sense? Is it up to you to show the move benefits your child, or does the other parent have to prove that it does not? A Florida appellate decision addressed this exact question after a trial court got the order of proof backwards.

Background of the case

In this case, the mother filed a petition to relocate with the parties’ two minor children from South Florida to another state. At an evidentiary hearing, she testified about wanting to be near her new husband and their baby, but she did not present specific evidence showing why the move would benefit the children themselves. The father, on the other hand, presented evidence of his consistent involvement in the children’s lives and a strong support system in the local area.

Despite the thin evidentiary record from the mother, the trial court orally granted her request without stating detailed findings, and a written order followed noting only that she had filed the petition in good faith. The father appealed.

The appellate court’s ruling

The appellate court reversed. It explained that under Section 61.13001 of the Florida Statutes, the parent seeking relocation bears the burden of proving, by a preponderance of the evidence, that the move is in the child’s best interests. The trial court’s order suggested the opposite approach, effectively presuming the move was appropriate and requiring the father to disprove it.

The appellate court emphasized that Florida’s relocation statute lists specific factors a trial court must weigh, including each child’s relationship with both parents, the reasons for and against the move, the child’s age and needs, and the practicality of preserving a meaningful relationship with the parent who is staying behind. A good faith filing alone does not satisfy this burden, and a court cannot skip the required findings simply because one parent’s motives seem sincere.

Key takeaways

This case reinforces that relocation disputes are not won on good intentions alone. The parent asking to move must build an evidentiary record addressing the statutory factors, not just their own personal reasons for wanting to relocate. Judges are required to make specific findings, and an order lacking that analysis is vulnerable on appeal.

Reach Out to Us Today for Guidance

Are you facing a possible relocation, either as the parent who wants to move or the parent who is being left behind? Our Clearwater family attorneys at Cairns Law, P.A. understand what the law requires and how to present the right evidence to protect your relationship with your children. Call our office today to schedule a consultation.

Source:

law.justia.com/cases/florida/third-district-court-of-appeal/2019/3d17-1821.html