Posted by Nydia Streets of Streets Law in Florida Child Custody
A Florida relocation case can be difficult for a court to decide in that both parents may have very compelling reasons for wanting to move with their children or wanting the children to remain in Florida. This was an issue in the case Greenwood v. Greenwood, 3D24-1585 (Fla. 3d DCA September 17, 2025).
After an extensive hearing which spanned 11 days, the trial court denied the mother’s petition to relocate with the parties’ child from Miami to Gainesville. The mother appealed, and the trial court’s ruling was affirmed with the appellate court noting “Our review of the record reveals the trial court properly applied section 61.13001, Florida Statutes, and its burden shifting framework. See Milton v. Milton, 113 So. 3d 1040, 1041 (Fla. 1st DCA 2013) (‘[T]he question of whether the trial court properly applied the relocation statute is a matter of law, reviewed de novo.’); § 61.13001(8), Fla. Stat. (2024). It scrutinized the evidence presented by both parties and performed a full analysis of the factors in subsection (7). Id. at (7)(a)-(k). The trial court did not apply a presumption either in favor or against relocation. Id. Ultimately, it found that the Father met his burden and relocation was not in the best interest of the child. See Rossman v. Profera, 67 So. 3d 363, 365–66 (Fla. 4th DCA 2011) (‘Ultimately, the concern in a relocation determination is whether the relocation is in the best interests of the child.’).”
Schedule your meeting with a Miami family law attorney to determine the next best steps in your case.