Parents who share custody of a child will often live in the same geographic area, which makes custody exchanges relatively easy. It is not uncommon, though, for one parent to wish to relocate to another city and to take their children with them. While a parent has the right to ask the court to allow them to relocate, such a request should not be granted unless the parent shows that relocation would be in the child’s best interest. As demonstrated in a recent Florida ruling, if a court allows for relocation absent such a showing, their order may be overturned. If you have questions about relocation in the context of custody, it is smart to speak with a Miami child custody attorney.
Case Setting
It is alleged that the mother and the father, who resided in Nassau County, Florida, had established paternity and a timesharing schedule, with the mother having majority timesharing. The mother recently married and her husband, a member of the U.S. Navy, received orders transferring him to Cape Canaveral, Florida, for approximately two years. The mother filed an expedited temporary petition for parental relocation, seeking to move to Cape Canaveral with the children. The father objected to the relocation.
It is reported that at the evidentiary hearing, the mother testified about her desire to be with her new husband and baby, but she offered no evidence supporting the relocation’s best interest for the children. The father, however, presented evidence of his active involvement with the children and the strong family support system in the area. The trial court orally granted the mother’s temporary motion without stating findings, and a written order followed, noting the mother’s good faith in filing the petition. The father appealed. Continue reading ›