Posted by Nydia Streets of Streets Law in Florida Child Custody
In a Florida relocation case, a court must consider the factors listed in Fla. Stat. 61.13001 to determine if relocation is in the best interest of a child. Many times, relocation may be very beneficial for a parent, but the court is limited to considering what is best for the child rather than what is best for the parent. Relocation was an issue in the case Cruz v. Morales, 3D23-1560 (Fla. 3d DCA October 16, 2024).
This appellate opinion does not provide any background information, but it appears the mother in this case filed a petition to relocate. After a four-day hearing, the petition was denied, and the mother appealed. The appellate court noted “‘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.’ Mignott v. Mignott, 337 So. 3d 408, 410 (Fla. 3d DCA 2021).” The court concluded “We find the trial court’s order, and its statutory findings, are supported by competent, substantial evidence, and further conclude that no reversible error was committed during the evidentiary hearing.” The opinion included a footnote which states “We further note that establishing that relocation is in the best interest of the relocating parent is not the same as establishing that relocation is in the best interest of the child. See, e.g., Coyle v. Coyle, 8 So. 3d 1271, 1272 (Fla. 2d DCA 2009) (noting that trial court erred in focusing on whether the mother’s relocation ‘would improve the quality of her life, not necessarily the life of the child’).”
Schedule your meeting with a Miami family law attorney to determine the next best steps in your case.