Posted by Nydia Streets of Streets Law in Florida Child Custody

Relocation cases are difficult to decide sometimes because moving a child from a primary residence can be disruptive. According to the Florida Statutes, “A presumption in favor of or against a request to relocate with the child does not arise if a parent or other person seeks to relocate and the move will materially affect the current schedule of contact, access, and time-sharing with the nonrelocating parent or other person.” Fla. Stat. 61.13001(7). Relocation was an issue in the case Pun v. Pun, 1D21-3575 (Fla. 1st DCA June 14, 2023).

In this post-judgment case, the former wife sought to relocate the children from Florida to Texas. The trial court denied the request after a trial, and the former wife appealed. She argued the trial court improperly applied a presumption against relocation when it analyzed her case. The former wife pointed to several parts of the transcript she felt showed the judge was reviewing the case from the standpoint of maintaining the status quo.

The appellate court disagreed, holding “Our review of the order reveals no evidence that the trial court applied a presumption for or against relocation. Rather than considering the discrepancies between the current time-sharing arrangement and the proposed post-relocation time-sharing arrangement, the trial court evaluated Former Husband’s relationship with the children and whether the proposed arrangement would be sufficient to foster that relationship.” The trial court’s ruling was therefore affirmed.

Schedule your meeting with a Miami family law attorney to discuss how the law may apply to the facts of your case.