Posted by Nydia Streets of Streets Law in Florida Child Custody

If a parent moves to another state before a petition for divorce is filed in Florida, can the parent be ordered to return under a pick-up order? Relocation is governed by Fla. Stat. Chp. 61.13001, and sets forth the parameters under which a pick-order can be entered. This was an issue in the case Grigsby v. Grigsby, 1D2024-1336 (Fla. 1st DCA December 4, 2024).

Prior to a petition for divorce being filed, the husband moved from Florida to Georgia with the parties’ children. The wife petitioned for a pick-up order which was granted, ordering the husband to return the child to Florida and for the wife to have custody of the child. The husband appealed.

The appellate court reversed the order, holding “As Appellant contends, section 61.13001, Florida Statutes, which addresses parental relocation with a child, does not apply to this case given that he relocated with the child prior to the institution of any dissolution proceeding. [. . .] As such, the trial court erred in ordering the return of the child and in entering a temporary custody order without holding a hearing and making any finding about the child’s best interests.”

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