How Florida Courts Analyze Child Relocation Requests

Relocation of a child is one of the most difficult hearings Florida courts have to handle when it comes to child custody litigation. If a parent seeks to move a child 50 miles from their current residence, and this move is opposed by the other parent, the court must intervene and make a determination based on the child’s best interests. There was a Florida Supreme Court decision that has become a long-standing precedent when it comes to dealing with relocation cases. In this article, we’ll discuss the case.

Background of the case 

This case originated from a dispute between parents who jointly cared for their child after they split up. One of the parents applied for relocation of the child to another state, while the other opposed the move. This relocation was expected to have an impact on the current custody situation. One of the parents would not have access or would have limited access to the children after the move. At the time, the courts had little direction with respect to relocation requests. In this case, the trial court denied the relocation request.

The matter was appealed, and the case went to the Florida Supreme Court for a decision.

The appeal 

In this case, the Supreme Court refused to adopt an ironclad set of rules regarding relocation matters. Flexibility and a careful consideration of each individual family’s circumstances were emphasized by the judges. Also, the ruling clarified that relocation matters cannot be determined on an automatic presumption either for or against the move.

The court ruled that the paramount issue is always the best interests of the child. Determining the child’s best interests involves consideration of the parent’s motives for the move, the relationship each child has with the parents, and the implications of the move for the child’s continuity and development. Convenience, therefore, is not a sufficient justification for relocation.

The court also recognized the realities of contemporary life. Parents may need or wish to relocate for a job, family support, or other legitimate reasons. Children, however, are better off with substantial and enduring ties with both parents, if possible. These competing factors cannot be resolved by simple assumptions.

Key takeaways from the case 

This case formed the cornerstone for relocation law in Florida. It ensured that trial courts have great flexibility and discretion when it comes to considering relocation requests. Further, appellate courts are not intended to impeach trial court decisions just because they might have ruled differently. The judges are always tasked with considering the best interests of the child.

Talk to an Orlando, FL, Child Custody Lawyer Today 

Greater Orlando Family Law represents the interests of Orlando residents who need to relocate with a minor child. Call our Orlando family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

law.justia.com/cases/florida/supreme-court/1993/79256-0.html