Miami family law attorney blog
Viewing entries tagged
Florida Petition for Relocation
Posted by Nydia Streets of Streets Law in Florida Child Custody
In a Florida relocation case, a court must consider the factors listed in Fla. Stat. 61.13001 to determine if relocation is in the best interest of a child. Many times, relocation may be very beneficial for a parent, but the court is limited to considering what is best for the child rather than what is best for the parent. Relocation was an issue in the case Cruz v. Morales, 3D23-1560 (Fla. 3d DCA October 16, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When one parent makes timesharing difficult for the other parent in a Florida child custody case, this is a factor the court can consider in creating a parenting plan. There are many other factors a court must consider as well with the primary focus being the best interest of the child. This was an issue in the case Giacomaro v. Brossia, 4D2024-0824 (Fla. 4th DCA October 16, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a Florida parenting plan is silent as to the ability of either parent to relocate, can a parent relocate without following Florida law? This was an issue in the case Blatt v. Blatt, 3D23-2228 (Fla. 3d DCA June 12, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Temporary relocation in Florida is governed by Florida Statute Chp. 61.13001. A temporary relocation can be granted pending a final hearing if the court finds it is in the best interest of a child to relocate and it is likely that permanent relocation will be granted. There are strict requirements for seeking and considering relocation. This was an issue in the case Vanderhoof v. Armstrong, 5D23-1486 (Fla. 5th DCA March 22, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Relocation cases are difficult to decide sometimes because moving a child from a primary residence can be disruptive. According to the Florida Statutes, “A presumption in favor of or against a request to relocate with the child does not arise if a parent or other person seeks to relocate and the move will materially affect the current schedule of contact, access, and time-sharing with the nonrelocating parent or other person.” Fla. Stat. 61.13001(7). Relocation was an issue in the case Pun v. Pun, 1D21-3575 (Fla. 1st DCA June 14, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Child custody issues in Florida same-sex marriage cases face undeveloped law sometimes. This means, the court is left to sort out how to apply statutes to situations that likely were not considered when the statutes were originally drafted. A recent case sheds light on how child custody arrangements involving a same-sex marriage are evaluated when relocation is sought.
Posted by Nydia Streets of Streets Law in Florida Child Custody and Florida Child Support
Once a Florida parenting plan has been entered, generally, a parent cannot move more than 50 miles from his or her current residence without a court order or the written permission of the other parent. This rule is likely in place to avoid the disruption to a time-sharing schedule that is sure to occur if a parent moves too far away. However, even moving within this mileage limit can disrupt the time-sharing schedule, and this may form a basis for modification of a parenting plan. This was an issue in the case Seith v. Seith, 4D21-556 (Fla. 4th DCA March 2, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent wants to move more than 50 miles from his or her residence and there is a court-ordered parenting plan in place, the parent must either have the written permission of the other parent to move or must obtain a court order approving the move. The factors a court must consider in determining if relocation should occur are contained in section 61.13001 of the Florida Statutes. This was an issue in the case Mignott v. Mignott, 3D20-1225 (Fla. 3d DCA December 22, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent relocates but their relocation request is denied, can a court create a future parenting plan for if that parent returns to the jurisdiction? These future parenting plans are known as prospective time-sharing, and they are generally disapproved of under Florida family law. This was an issue in the case Jennings v. Fredes, 1D20-3726 (Fla. 1st DCA September 22, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A final order in a Florida family law case usually remains in effect until one or both parties challenges the order and a new order is entered. The order can be challenged by appeal, a petition for modification or other procedural avenues available by law. In the case Duryea v. Bono, 2D19-225 (Fla. 2d DCA April 21, 2021), the court considered the appeal of a mother whose request for relocation was denied after it was already previously granted by court order.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent wants to relocate more than 50 miles from his or her current residence with the parties’ child, it is important that the parent follow the appropriate steps to have the relocation approved. In the case Leos v. Hernandez, 3D19-1665 (Fla. 3d DCA April 15, 2020), an appeal was taken regarding the lower court’s decision to grant the mother’s request for relocation.
