Miami family law attorney blog
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Florida relocation case
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).
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a parent wants to relocate while a Florida child custody case is pending, this usually requires the parent to amend pleadings to assert a claim for relocation. If the parent relocates before the relocation claim is decided, and the court ultimately denies the request for relocation, can the parent pivot to requesting a long-distance parenting plan instead that, for example, gives that parent timesharing during school breaks? This was an issue in the case Ward v. Waters, 3D23-178 (Fla. 3d DCA January 3, 2024).
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).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can I move with my children to a different county or state? This is a frequently asked question when parents separate in Florida. The answer depends on whether the parents are married, and whether court proceedings for custody or in progress or have already taken place. Relocation of children is governed by Florida Statute 61.13001.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Child custody issues in Florida same-sex marriage cases face undeveloped law sometimes. This means, the court is left to sort out how to apply statutes to situations that likely were not considered when the statutes were originally drafted. A recent case sheds light on how child custody arrangements involving a same-sex marriage are evaluated when relocation is sought.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Relief not requested in pleadings in a Florida family law case generally cannot be granted by the court. This is because due process requires that each party be given fair and reasonable notice of what he or she must defend against in the proceeding. This was an issue in the case Hernandez v. Hernandez, 4D20-2145 (Fla. 4th DCA March 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A petition for relocation in a Florida child custody case is governed by Florida Statute 61.13001. Under this statute, a parent who seeks to relocate in certain situations must obtain the written permission of the other parent or a court order. In the case Izaguirre v. Sanchez, 3D20-1245 (Fla. 3d DCA August 11, 2021), an appeal was taken regarding a non-final order granting relocation to Spain.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent wants to relocate more than 50 miles from his or her current residence with the parties’ child, it is important that the parent follow the appropriate steps to have the relocation approved. In the case Leos v. Hernandez, 3D19-1665 (Fla. 3d DCA April 15, 2020), an appeal was taken regarding the lower court’s decision to grant the mother’s request for relocation.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Most Florida family courts have what are known as standing orders. These orders typically lay out general duties of each party while a case is pending, and are mainly designed to preserve the status quo while a case is pending. In Dowell v. Knoras, 2D18-4220 (Fla. 2d DCA May 3, 2019), a paternity case, the mother appealed an order finding her in contempt of the court’s standing order prohibiting relocation of a parent and child while a case is pending.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent relocates before a court approves his or her petition to do so, is the parent entitled to modification of the timesharing schedule in the event the petition is ultimately denied? This question was answered in the case Hull v. Hull, 5D18-1517 (Fla. 5th DCA May 31, 2019) in which the former husband sought to relocate to Oregon with the parties’ minor children.
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a party has a pending petition for relocation in Florida, that party can file a motion for temporary relocation so that the party does not have to wait until a final hearing if relocation must happen immediately due to a job offer or other exigent circumstance. In the case Miller v. Miller, 1D19-843 (Fla. 1st DCA July 16, 2019), the mother appealed an order granting temporary relocation for the father.
Posted by Nydia Streets of Streets Law in Florida Child Custody
In order for a parent to relocate, a parent must comply with the mandates of Florida Statute Chp. 61.13001. Specifically the parent must obtain the written permission of the other parent or obtain a court order allowing relocation. In the case Allende v. Veloz, 3D18-10 (Fla. 3d DCA February 20, 2019) the mother did not follow the statute and obtain the oral consent of the father to move from Miami to Orlando with the parties’ child.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Relocation cases are among the most difficult cases to decide because the decision will affect one parent’s usual access to a child. In the recent appellate case Chalmers v. Chalmers, 4D18-2246 (Fla. 4th DCA 2018), the mother appealed the court’s decision to grant the father’s petition for relocation.
Posted by Nydia Streets of Streets Law in Florida Child Custody
One appellate case decided earlier this year shows how the waters of Florida relocation cases can get “muddied” and are not always straight-forward. In Gimonge v. Gimonge, 5D17-2747 (Fla. 5th DCA 2018), the disagreement as to relocation resulted from the parties temporary agreement entered after a petition for dissolution of marriage was filed.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Divorcing parents may face a dilemma when one parent is due to be deported after a marriage is dissolved. The court is faced with the question of whether or not to permit relocation of the child with the deported parent. In one recently decided case, we review an appellate court's consideration of a trial court's decision to grant a prospective relocation that turned on whether or not the mother's application for US citizenship was granted.
Posted by Nydia Streets of Streets Law in Child Custody
When a parent seeks to relocate with a child more than 50 miles from his or her current residence and the other parent does not agree, the court must make the difficult decision of determining whether the relocation is in the best interest of the child. Such was the situation in the Miami Family Law case Naime v. Corzo , 208 So.3d 296 (Fla. 3d DCA 2016).
Posted by Nydia Streets of Streets Law in Child Custody
After parents separate and establish their parenting plan, their lives can go through major changes. Once such change is relocation to another county, state or even country. An opportunity to relocate can be presented by a great job offer or an engagement to a new partner. This presents a difficult dilemma, however, when the non-relocating parent's visitation rights will be impacted by the move.
