Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent wants to move more than 50 miles from his or her residence and there is a court-ordered parenting plan in place, the parent must either have the written permission of the other parent to move or must obtain a court order approving the move. The factors a court must consider in determining if relocation should occur are contained in section 61.13001 of the Florida Statutes. This was an issue in the case Mignott v. Mignott, 3D20-1225 (Fla. 3d DCA December 22, 2021).
The parties were married in 2010 and had one child together. While the mother and father originally shared parental responsibility of the child, the father was given custody of the child after the mother was arrested for aggravated assault. The father later filed a petition to relocate, requesting to move with the child to Missouri. After a trial, the court orally pronounced that it was granting the father’s request for relocation, that it was signing an order that day, but this would not be the final order because the court planned to later enter a more detailed order with the appropriate statutory findings. The court never entered the more detailed order, and the mother appealed.
The appellate court reversed, holding “Mother argues that the trial court reversibly erred by granting the relocation of the minor child without evaluating the statutory factors contained in section 61.13001(7), Florida Statutes (2020). We agree. When reviewing an order on a petition to relocate, an appellate court is limited to an abuse of discretion review based on whether the statutory findings made by the trial court are supported by competent, substantial evidence. This necessitates that the trial court make such statutory findings so that we may appropriately review them.”
If you need assistance with a Florida relocation case, schedule a consultation with a Miami child custody lawyer to understand how the law may apply to your case.