Posted by Nydia Streets of Streets Law in Florida Child Custody

When a petition for relocation is filed in Florida, is a court required to independently review factors for modification of a parenting plan in addition to factors for relocation under the statutes? This was an issue raised on appeal in the case Puertas v. Ruiz, 3D25-0305 (Fla. 3d DCA November 26, 2025).

The mother sought to relocate from Miami to Gainesville. After the final hearing, but before the Court issued its final judgment, the mother filed a motion to re-open the evidence, indicating that she was moving to a different location in Gainesville than originally contemplated at the final hearing. The father indicated he had no objection to the motion, so long as he was able to address what is being re-opened in terms of time-sharing. The court clarified that the father could present rebuttal evidence to the motion being presented by the mother, but that any relief outside of that had to be presented as a motion by the father. The father agreed to these terms. The trial court eventually entered a final judgment which granted the father majority timesharing. The father appealed, arguing his due process rights were violated when the court issued its judgment and granted the mother’s motion.

The appellate court noted there was no transcript of the proceedings below. The court noted “[The father] argues that the trial court erred by only considering the relocation factors outlined in section 61.13001(7), Florida Statutes, thus ignoring the factors for modification of a parenting plan outlined in section 61.13(3), Florida Statutes (2025). We disagree. When granting a petition for relocation there is no need to conduct an independent analysis of the standards for modification outlined in section 61.13(3), Florida Statutes, because trial courts have discretion to amend prior and untenable parenting plans once relocation is granted.” Rejecting the father’s due process argument, the court held “So the trial court granted [the father’s] request to introduce rebuttal evidence, but [the father] never took advantage of that opportunity; nothing in the record shows [the father] ever attempted to introduce rebuttal evidence. The trial court did not violate [the father’s] due process rights.”

Nothing in this article is legal advice. Consult with a Miami family law attorney for specific advise and strategy concerning your case.