Posted by Nydia Streets of Streets Law in Florida Child Custody

A petition for relocation in a Florida child custody case is governed by Florida Statute 61.13001. Under this statute, a parent who seeks to relocate in certain situations must obtain the written permission of the other parent or a court order. In the case Izaguirre v. Sanchez, 3D20-1245 (Fla. 3d DCA August 11, 2021), an appeal was taken regarding a non-final order granting relocation to Spain.

The parties were involved in a paternity case in which a final judgment was previously entered granting the parties equal time-sharing with their minor child. Years after the final judgment was entered, the mother was arrested and charged with battery after the father called the police on her and alleged she hit him at the child’s school. Due to the mother’s immigration status she was eventually deported to Honduras. She then filed a petition for relocation requesting that the parties’ child be permitted to move to Honduras with her.

After filing her petition for relocation, the mother moved to Spain. She did not amend her petition to include the move to Spain. She requested time-sharing with the child for two weeks in the summer in Spain at which time the court appointed a guardian ad litem. Eventually, the child traveled to Spain accompanied by the guardian ad litem. Subsequently, a trial date was set and after the trial was held, a status conference occurred at which the court entered an order granting the mother’s request for the child to relocate to Spain. The order indicated a final judgment and parenting plan would be entered incorporating the court’s findings concerning relocation and the best interest of the child. The father appealed the non-final order granting relocation that resulted from the status conference.

On appeal, the father argued it was a violation of his due process rights to permit the relocation since the mother’s petition stated she was moving to Honduras. He also argued it was an abuse of discretion to grant the relocation. The appellate court was unmoved by the father’s due process rights, holding “The record indicates that the Father was fully aware that the Mother had relocated to Spain after filing her petition to relocate and was seeking to have the child relocate to Spain, not Honduras. The trial court entered an agreed order allowing the minor child to travel to Spain during the summer of 2019 for timesharing, and the minor child did in fact travel to Spain along with the court-appointed guardian ad litem. In addition, the trial court instructed the guardian ad litem to consider whether it was in the minor child’s best interest to relocate to Spain. As such, we conclude that the Father’s argument lacks merit.”

The appellate court additionally noted that because the order on appeal indicated a final judgment and parenting plan would be entered later with the trial court’s findings, the appellate court could not examine the merits of the father’s complaint that the trial court abused its discretion in permitting the relocation. Therefore, the court affirmed the order without prejudice for the father to file an appeal once the final judgment is entered.

Schedule a consultation with a Miami child custody lawyer to discuss your relocation case and how the law may apply to the factors in your situation.