Articles Posted in Child Relocation

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 are not permitted to analyze factors on a prospective basis, but there are some exceptions, as discussed by a recent Florida opinion issued in a custody matter in which the father appealed the trial court ruling. If you need assistance protecting your parental rights, it is advisable to confer with a Miami child custody lawyer regarding your options.

History of the Case

It is reported that the mother and the father were parties to a custody action to determine parental rights with regard to their minor child. The trial court issued a judgment determining timesharing and parental rights. The judgment also permitted the mother to relocate to another city in Florida with the minor child when the child began attending school and allowed for a modification of time-sharing rights due to the relocation.

Allegedly, the father appealed, arguing that the trial court erred in issuing a judgment that allowed for an automatic modification of timesharing rights in the future, as it relied on a prospective-based analysis, which Florida law prohibits. Continue reading ›

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 continue until the parties move out of the state or the court determines that the parties no longer have a connection to the state. As discussed in a recent Florida opinion issued in a custody matter, the argument that a forum is inconvenient is not a sufficient basis for relinquishing jurisdiction to another state. If you are involved in a custody dispute, it is wise to confer with a Miami divorce attorney regarding your rights as soon as possible.

Procedural Background of the Case

It is alleged that the mother’s and father’s marriage was dissolved via a final judgment issued by a Florida court. The judgment also determined their rights with regard to custody and timesharing of their minor children. The father is a member of the military and is a Florida resident, but he is stationed outside of Florida.

It is reported that after obtaining the court’s permission, the mother moved to Idaho with the children while the dissolution was pending. The final dissolution order confirmed her relocation. The mother then filed a motion in an Idaho court to amend the custody agreement. She also filed a motion with the Florida court that issued the final judgment in the dissolution proceeding to transfer jurisdiction of the custody case to the Idaho court, in which she filed her motion on the grounds that Florida had become an inconvenient forum. The Florida court denied her motion, and she appealed. Continue reading ›

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 have the right to preside over custody cases in a matter in which it rejected the mother’s argument that the court no longer had jurisdiction over her case. If you need assistance with a custody matter, it is smart to talk to a Miami child custody attorney to determine what measures you can take to protect your interests.

History of the Case

Reportedly, the mother and the father married and had two children, both of whom were born in Florida. In 2015, they divorced. The trial court entered a final dissolution of the marriage which, among other things, ratified the parenting plan established by the parties and stated that the trial court had jurisdiction over the matter. A dependency case was opened in 2019, and the dependency court placed the children with the mother in Texas temporarily.

It is alleged that in 2020, the father filed a petition to modify parental responsibility and the parenting plan in Florida. The dependency court awarded the father visitation rights and relinquished jurisdiction over the matter. The mother then moved to dismiss the father’s petition for lack of jurisdiction. The trial court denied the mother’s motion, and she appealed. Continue reading ›

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 ruling, people with time-sharing and access rights can voice concerns about a child’s relocation, even if their parentage has not been established. If you have questions about child relocation, it is smart to talk to a Miami child custody attorney promptly.

Background of the Case

It is reported that the mother and putative father, who were both married to other people, agreed to have a child together. After the child was born, the mother and her wife were listed as the child’s parents on the birth certificate, but the mother gave the child the putative father’s last name. The mother and the wife ultimately separated, and the mother moved in with the putative father and his husband.

Allegedly, the mother then left the child in the custody of the putative father for four months so that she could pursue an employment opportunity in another country. While abroad, the mother became engaged to a member of the military. She later returned to Miami to live with the putative father, but when he found out she was pregnant, he asked her to move out. The mother filed a petition for dissolution of marriage in which she alleged that the putative father was the child’s biological father and asked the court to amend the birth certificate. In response, the putative father filed a petition to determine paternity and to enjoin the mother from relocating with the child. The mother filed a petition to relocate with the child, which the court denied. The mother appealed. Continue reading ›