Understanding Parental Relocation Disputes in Florida

Relocation cases involving children are among the toughest cases for family courts in the State of Florida. Parental relocation can impact the child’s time-sharing schedule, educational continuity, and their relationship with both parents. There are strict criteria that must be followed by the courts for relocation to be approved. In this article, we’ll discuss a case in which the court was tasked with approving or disapproving of relocation with a minor child.

Background of the case

In this case, the husband and wife were parties to a dissolution of marriage case that entailed disputes regarding parental responsibilities and timesharing. The husband and wife shared parental responsibility for the minor child. Throughout the case, questions arose regarding the wife’s immigration status and the possibility she would have to leave the United States.

Rather than presenting the issue of relocation in a petition for final consideration and review under the statute, the trial court placed language within its final judgment that would enable the wife to relocate with the minor child should she otherwise lose her right to remain in the United States. The relocation was contingent on a future event that was not necessarily imminent.

The trial court’s ruling

The trial court tried to be proactive in handling the issue by allowing the relocation upon the occurrence of certain circumstances in the future. The trial court failed to find facts with regard to the application of the Florida relocation law. Nor did it assess whether the move was in the best interests of the child, which is a necessary factor under Florida law.

This ended up pre-approving a move that would take place without anyone knowing the consequences that the relocation would have on the child or the husband. 

The appeal 

The provision concerning relocation was appealed by the husband. In assessing the appeal, the Fourth District Court of Appeal zeroed in on whether the trial court had complied with Florida Statute Section 61.13001. It was argued by the appellate court that relocation cases had to rely on current evidence and a best interests assessment.

The court stated that Florida law does not provide the possibility of relocating on speculations concerning the future. Even in cases where one parent’s future condition would improve, one cannot relocate until the requirements are met at the time of the determination by the court. The appellate court thus overturned the trial court’s findings and remanded the case back to the trial court.

Talk to a Largo, FL, Divorce Lawyer Today 

Cairns Law, P.A., represents the interests of Largo residents during their divorce. 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/1935237.html