Articles Posted in Child Relocation

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 court found that the mother had met the legal burden for exceptions under the Hague Convention. If you are involved in an international custody dispute, it is in your best interest to consult an experienced Miami divorce attorney regarding your options.

Facts of the Case and Procedural Setting

It is reported that the parents, both Peruvian citizens, were previously married in Peru and later divorced in 2015. Their divorce decree granted them joint custody of their child, though the child primarily resided with the mother. In September 2021, the mother traveled with the child to Florida with the father’s written consent for a temporary stay, but she did not return on the agreed date. More than a year later, the father initiated proceedings under the Hague Convention, seeking the child’s return to Peru.

Reportedly, the father argued that the mother had wrongfully retained the child in the United States in violation of his custodial rights. The mother defended against the petition, invoking two exceptions under the Hague Convention: (1) the “well-settled” child exception, which applies when a child has adapted to a new environment after more than one year of wrongful retention, and (2) the “mature child objection” exception, which allows the court discretion to deny return if the child is sufficiently mature to express a preference. The trial court denied the father’s petition, ruling that the child had become well-settled in Florida and had expressed a clear objection to returning to Peru. The father appealed. Continue reading ›

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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 living arrangement. If you are involved in a custody dispute, it is wise to consult a Miami child custody attorney to ensure your rights are safeguarded.

Case Setting and History

It is reported that the mother and father disputed custody over their daughter, born in 2017, with the mother moving to Florida with the child shortly after birth. Allegedly, in 2021, the father filed for paternity and timesharing rights in Florida, seeking to establish a legal relationship with the child. Reportedly, the mother counterclaimed, seeking sole custody and alleging the father had engaged in abusive behavior, resulting in a domestic violence injunction.

Allegedly, the court initially ordered shared parental responsibility and temporary timesharing, permitting the father visitation during school breaks. The case ultimately proceeded to trial in 2023. It is reported that at trial, witnesses testified to issues related to the father’s alcohol use, lack of a driver’s license, and financial instability. The guardian ad litem recommended that the child remain in Florida with the mother, citing concerns about the father’s ability to serve as the primary caregiver. Nonetheless, the court granted the father majority timesharing in Michigan, contingent on him securing certain improvements in his living situation. Continue reading ›

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 Florida, as demonstrated in a recent Florida ruling. If you want to know what steps you can take to protect your parental rights, it is advisable to meet with a Miami child custody lawyer as soon as possible.

Case Setting

It is alleged that the husband and the wife divorced in November 2015, and the final judgment included a settlement agreement that outlined a timesharing schedule and a method for determining the emancipation of their six children. The agreement also provided a dispute resolution process for issues related to shared parental responsibility, timesharing, and finances. However, it did not contain provisions related to the relocation of the minor children.

Reportedly, in August 2023, the wife relocated to Baltimore with the two minor children without the husband’s consent or filing a petition for relocation, prompting the husband to file an emergency motion to compel the return of the children to Florida. The trial court ordered the return of the minor children and the emancipation of the adult children, leading to the wife’s appeal. Continue reading ›

It is not uncommon for parents who share custody of a child to disagree over where the child should live or whether one parent should be able to move to another state with the child. In such instances, the parties will typically seek input from the courts to determine their parental rights. If a party relocates with a child without the court’s permission, they will likely face adverse consequences, as demonstrated in a recent Florida case. If you need help with a custody dispute, it is smart to consult a Miami child custody attorney to discuss your rights.

Case Background

It is alleged that the mother and the father were in a long-term relationship but never married. They resided together in Hawaii, where their daughter was born. However, in 2017, the mother relocated with their daughter to Key West without objection from the father. After settling in Key West, the parties agreed to a rotating custody arrangement for their daughter. In 2021, the father also moved to Key West and filed a petition to establish paternity, seeking timesharing and child support. The mother responded with a counterpetition, seeking similar remedies.

Reportedly, the court ratified a temporary order granting timesharing rights on an alternating weekly basis. Within two months, however, the father filed a petition to relocate with their daughter back to Hawaii. The mother objected, and the court scheduled the remaining issues in the case for trial, including the relocation petition. The father then relocated back to Hawaii before the court rendered a ruling on the relocation petition. The trial court then denied the petition for relocation while simultaneously adopting the father’s proposed parenting plan, granting him extended timesharing with their daughter during school recesses in Hawaii and additional timesharing in Key West. These conflicting decisions prompted the subsequent appeal. Continue reading ›

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 ›