Posted by Nydia Streets of Streets Law in Florida Child Custody

When a parent wants to relocate more than 50 miles from his or her current residence with the parties’ child, it is important that the parent follow the appropriate steps to have the relocation approved. In the case Leos v. Hernandez, 3D19-1665 (Fla. 3d DCA April 15, 2020), an appeal was taken regarding the lower court’s decision to grant the mother’s request for relocation.

The mother sought to relocate to Texas, citing an improved quality of life and educational advantages. The petition was referred to a general magistrate for hearing and the general magistrate found the mother’s request to be in the best interest of the child. The father filed a motion for exceptions to the report of the general magistrate, but no hearing was held on his motion. Shortly after the father filed his motion, the mother moved to a different city in Texas with the parties’ child and her paramour. The father appealed.

The appellate court noted “‘A magistrate's report does not have any adjudicatory effect unless and until the trial court adopts it as the order or judgment of the court,’ thus, on the record before us, the mother prematurely relocated to a different city other than that requested.” However, the appellate court dismissed the appeal, holding “The record on appeal is devoid of any indicia that the lower tribunal ever ruled on the asserted exceptions. Moreover, and fatal to our jurisdiction, to date, no final order of relocation has been rendered.” Therefore the case was remanded for the court to consider the father’s motion for exceptions. Once a final order is entered in the case, the appellate court invited the parties to re-file the appeal.

If you are considering a distant move with your child, it is important that you discuss with a Miami child custody lawyer your rights and obligations to avoid running afoul of the law. Schedule a consultation to discuss your case.