Miami family law attorney blog
Viewing entries tagged
Miami relocation case
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a parent moves to another state before a petition for divorce is filed in Florida, can the parent be ordered to return under a pick-up order? Relocation is governed by Fla. Stat. Chp. 61.13001, and sets forth the parameters under which a pick-order can be entered. This was an issue in the case Grigsby v. Grigsby, 1D2024-1336 (Fla. 1st DCA December 4, 2024).
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
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
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
A petition for relocation in a Florida child custody case is governed by Florida Statute 61.13001. Under this statute, a parent who seeks to relocate in certain situations must obtain the written permission of the other parent or a court order. In the case Izaguirre v. Sanchez, 3D20-1245 (Fla. 3d DCA August 11, 2021), an appeal was taken regarding a non-final order granting relocation to Spain.
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.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Most Florida family courts have what are known as standing orders. These orders typically lay out general duties of each party while a case is pending, and are mainly designed to preserve the status quo while a case is pending. In Dowell v. Knoras, 2D18-4220 (Fla. 2d DCA May 3, 2019), a paternity case, the mother appealed an order finding her in contempt of the court’s standing order prohibiting relocation of a parent and child while a case is pending.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent relocates before a court approves his or her petition to do so, is the parent entitled to modification of the timesharing schedule in the event the petition is ultimately denied? This question was answered in the case Hull v. Hull, 5D18-1517 (Fla. 5th DCA May 31, 2019) in which the former husband sought to relocate to Oregon with the parties’ minor children.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a party has a pending petition for relocation in Florida, that party can file a motion for temporary relocation so that the party does not have to wait until a final hearing if relocation must happen immediately due to a job offer or other exigent circumstance. In the case Miller v. Miller, 1D19-843 (Fla. 1st DCA July 16, 2019), the mother appealed an order granting temporary relocation for the father.
Posted by Nydia Streets of Streets Law in Florida Child Custody
In order for a parent to relocate, a parent must comply with the mandates of Florida Statute Chp. 61.13001. Specifically the parent must obtain the written permission of the other parent or obtain a court order allowing relocation. In the case Allende v. Veloz, 3D18-10 (Fla. 3d DCA February 20, 2019) the mother did not follow the statute and obtain the oral consent of the father to move from Miami to Orlando with the parties’ child.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent fails to timely object to a petition for relocation, does the burden of proof as to the best interest of the children shift to the non-relocating parent? This question was answered in the appellate case Sanabria v. Sanabria, 3D17-1821 (Fla. 3d DCA February 20, 2019).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A Florida child custody order must be based on a consideration of the best interest of the child, giving weight to the factors listed in Florida Statute Chp. 61.13. Even if a parent’s behavior causes prejudice to the other parent, that behavior cannot be the basis for a court to order a child custody arrangement. This rule of law is exemplified in the case Parris v. Butler, 2D18-1932 (Fla. 2d DCA 2019).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What standard is used to determine whether or not a relocation request is in the best interest of a child in Florida? One appellate case published last year sheds light on this issue by way of a Florida child custody case involving an active duty military parent.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Divorcing parents may face a dilemma when one parent is due to be deported after a marriage is dissolved. The court is faced with the question of whether or not to permit relocation of the child with the deported parent. In one recently decided case, we review an appellate court's consideration of a trial court's decision to grant a prospective relocation that turned on whether or not the mother's application for US citizenship was granted.
Posted by Nydia Streets of Streets Law in Child Custody
What if a parent moves far away without the permission of the court or the other parent who has time-sharing rights pursuant to court order? Florida law states a parent cannot relocate more than 50 miles from his/her residence without a court order or the written permission of the other parent when there is a court-ordered visitation schedule in place and/or a case is pending to establish one. Florida child custody laws provide a remedy for the parent whose time-sharing and parental rights are affected.
Posted by Nydia Streets of Streets Law in Child Custody
After parents separate and establish their parenting plan, their lives can go through major changes. Once such change is relocation to another county, state or even country. An opportunity to relocate can be presented by a great job offer or an engagement to a new partner. This presents a difficult dilemma, however, when the non-relocating parent's visitation rights will be impacted by the move.
