What Must a Parent Prove to Relocate a Child in Florida?

Cases that involve the removal of children are among the most emotional of all Florida family law matters. This is especially true in cases where one parent decides to move outside of Florida. This decision to relocate may have an enormous impact on the other parent’s time-sharing arrangements. Whether the move will be in the best interests of the child is always the key consideration when deciding child custody issues.

Background of the case 

In the case we’re about to review, the mother was seeking permission to relocate with her child outside of Florida. The intended relocation would have had a significant effect on the father’s ability to keep in touch with the child.

The mother claimed that relocating with the child would benefit her situation, as well as the child’s. Such claims about relocation are common to most relocation cases and concern a balance between the relocating parent’s desire to move and keeping the child’s relationship with the other parent intact.

The trial court, in this case, ruled in favor of the mother. The father’s appeal to this decision was based on the claim that there was no sufficient evidence to support the idea that the child’s best interest would be served by the move.

The appeal

In this case, the Second District Court of Appeal reviewed the findings by the trial court and the evidence in favor of relocation. Over the years, Florida courts have been known to consider the need for proper assessment of any case relating to relocation.

The appellate court stressed that the burden of proof is on the parent seeking to relocate with the child. They must show that the move would be in the child’s best interests. It’s not enough to say that the move is in the parent’s best interests.

In addition, the court must also evaluate how the proposed move would impact the parent/child relationship with the non-moving parent. This is one of the most important considerations, and it could make or break the moving parent’s chances of success.

Overall, the appellate court concluded that the trial court had made a mistake when evaluating the evidence and overturned the order of relocation.

Key takeaways

Relocation petitions don’t happen automatically. The court always considers the issue from the point of view of the child’s best interests, rather than the interests of the parents.

Florida courts usually look at the following factors when considering a relocation case:

• The relationship between the child and the other parent;
• Educational and economic prospects associated with moving to a new place;
• Reasons for wishing to move;
• Possibility of maintaining a relationship with the non-moving parent;
• Emotional and psychological needs of the child.

Given that relocation cases have a huge effect on custody and time-sharing, parents dealing with such issues need to consult an experienced Florida family law lawyer.

Talk to a Clearwater, FL, Child Custody Lawyer Today

Cairns Law, P.A., represents the interests of Clearwater parents who need to relocate with a minor child. We can help build your case and argue in favor of or against the move. Call our Clearwater family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

case-law.vlex.com/vid/pelliccia-v-arce-no-892829178