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Miami relocation case

Finding of neutrality regarding statutory relocation factors must be supported by competent, substantial evidence

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.

Miami child custody remedy did not amount to temporary relocation order in recent case

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.

Florida child custody order must be based on best interest of children rather than punishment of a parent

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).

Florida child custody: How does deportation affect a relocation petition?

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. 

Florida child custody: What happens when a parent relocates without permission

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. 

Relocation in Florida child custody cases

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.