Articles Posted in Child Relocation

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Florida Court Affirms Denial of Hague Convention Petition for Return of Child to Peru

Parents involved in international custody disputes will often seek the return of their child via a Hague petition. While such petitions can be useful tools, they are not foolproof, as exceptions can apply that prevent the return of a child, as demonstrated in a recent Florida decision in which the…

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Florida Court Discusses Relocation and Parenting Plans

In Florida, parental relocation disputes require courts to evaluate whether a proposed move aligns with the child’s best interests, as outlined in state statutes. The burden of proving a relocation would benefit a child is placed on the party requesting the move. As discussed in a recent Florida ruling issued…

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Florida Court Discusses Evidence in Child Custody Cases

Under Florida law, courts making timesharing decisions must base their determinations on the child’s best interests, supported by substantial evidence. When a court’s decision relies on speculative or unsupported assumptions, it risks reversal. A recent Florida decision illustrates the need for competent evidence when ordering significant changes to a child’s…

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Florida Court Discusses Relocation of Children in Custody Actions

Generally, in Florida custody cases in which both parents have parental rights, the courts will preclude either party from independently relocating a child without their co-parent’s permission or leave of court. As such, if a party does so, a court may order them to return the child in question to…

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Court Discusses Prospective-Based Analysis in Florida Child Custody Cases

In a Florida child custody case, the court’s driving concern is what is in the best interest of the child that is the subject of the suit. The court will look at numerous factors to determine what custody arrangement will best benefit the child’s welfare and well-being. The courts generally…

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Florida Court Declines to Relinquish Jurisdiction Over a Custody Case

Generally, when Florida residents are engaged in disagreements over parental rights, they will file a custody action in the county in which they or their co-parent resides. If a Florida court can validly exercise jurisdiction in a custody case and issues an initial custody determination, the court’s jurisdiction will typically…

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Court Examines Post-Judgment Jurisdiction Over Custody Cases in Florida

Generally, people file family law actions in the court situated in the county in which they reside. If they subsequently move, though, there may be a question as to whether the court can continue to exercise jurisdiction over their case. Recently, a Florida court explained when courts within the state…

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Florida Court Explains Standing to Object to Child Relocation

It is not uncommon for people to want to move from Florida to another state for personal or professional reasons. While people are generally free to do so, if they share custody of a child, their co-parents may object to the child’s relocation. Further, as demonstrated in a recent Florida…

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