Posted by Nydia Streets of Streets Law in Florida Child Custody

Relocation and modification of a Florida parenting plan are two distinct requests for relief. When relocation is sought, it is important that the issue of modification also be properly presented to the court. This was an issue in the case Ayala v. Vega, 4D22-1779 (Fla. 4th DCA July 12, 2023).

In this case, the father filed a petition for relocation. The mother answered, requesting modification of their equal time-sharing to grant the mother majority time-sharing. The trial court granted the father’s petition for relocation, and also granted the mother’s request for majority time-sharing. The father appealed, arguing the mother did not request this relief by a proper pleading, and he did not agree to try it by consent.

The appellate court rejected the father’s arguments, holding “We disagree with the father’s argument. The record indicates the mother’s answer requested that she be given majority timesharing. Further, during the trial, the mother, like the father, requested majority timesharing. At no point during or after the trial did the father object on the ground that the mother had not filed a pleading requesting that she be given majority timesharing. So even if the mother’s answer had not requested that she be given majority timesharing, the father tried that issue by consent.”

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