Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent requests relocation and modification of a Florida parenting plan, it can be easy to confuse the issues and the applicable standard of law in deciding the petition. This was an issue in the case Lally v. Lally, 4D2025-0692 (Fla. 4th DCA December 10, 2025).
The parties were divorced in 2018 at which time a parenting plan was established. Later, the father filed a petition for modification of the parenting plan, alleging that he was moving to North Dakota. The mother moved to dismiss, arguing the father had not cited a substantial change in circumstances, and that his petition did not comply with the requirements of the relocation statute. The father amended his petition and alleged he had already moved to North Dakota.
The case proceeded to trial, and the court determined it was not in the best interest of the children to relocate, but that the children should have time-sharing with the father. The court therefore modified the parenting plan in a manner that was not requested by the father in his pleadings, over the mother’s objection. The mother appealed.
The appellate court noted “Here, the father’s petitions sought approval of his relocation (although he had already relocated by the time of the hearing) and modification of the parenting plan and timesharing plan. At no time did the father request permission to relocate the children. At that point, only modification of the parenting plan and timesharing schedule was really left to be resolved. Significantly, the trial court did not find the father’s relocation to be in the children’s best interest. But the trial court did find it was in the children’s best interest to have some timesharing with the father. Under the modification statute, the father also had to show a substantial and material change in circumstances.”
The court held “The non-custodial father’s voluntary relocation was insufficient to constitute a material change in circumstances. His change in occupation also failed to support a material change in circumstances as that change occurred three years prior to these proceedings. “A determination of parental responsibility, a parenting plan, or a time-sharing schedule may not be modified without a showing of a substantial and material change in circumstances and a determination that the modification is in the best interests of the child.” § 61.13(3), Fla. Stat. (emphasis added). Simply put, the trial court erred in finding the father’s relocation alone was a substantial and material change in circumstances. For this reason, we reverse.”
Nothing in this article is legal advice. Schedule a meeting with a Miami family law attorney to determine the next best steps in your case.