Relocation of Children Under Florida Law

In most child custody cases in Florida, time is split as evenly as possible between parents. When a parent wants to move, Florida Statue Section 61.13001 says that neither parent can move more than 50 miles unless both parents approve of the move. Alternatively, the parent can petition the court for permission to move if it will make the child’s life better. Understanding applicable cases where the court has made a ruling may help you understand how the court is likely to see your case.

Leslie Ann Fredman v David Lynn Fredman

Leslie Ann and David Lynn Fredman have two sons. The boy’s primary caretaker is Leslie Ann, but both parents are extremely active with parenting the boys. Additionally, the boys often spend time with David’s extended family. Leslie falls in love with a man from Proctor, Texas, and wants to move there to get married. She argued that the court could not make her continue to live with the boys in Florida because it violated her constitutional rights. The court, however, determined that the boys had to remain in Florida because the court felt they would have a better life there. If you are going to petition the court to move your children, then it is important that you prove how the move benefits your children. Some parents have won cases based on involvement from extended family, better schools, better economic circumstances or a safer neighborhood.

Neta Miller v Shawn Miller

Neta and Shawn Miller had a child before getting a divorce. Neta is from Israel and has very little future in the Key West, Florida, area where the couple resided. When the couple divorced, primary custody was given to Neta, but the father kept the child 48 hours each week. The father worked two jobs, so the child was usually kept by his mother. Neta fell in love with a man from Georgia who owned a company. A member of his family offered Neta a job making substantially more than she could in the Key West area. The district court found that the mother could not relocate. In order to win his case, the father relied on expert testimony that long-distance parenting would be unhealthy for the child.

Esperanza Segarra v. Manuel Segarra

This couple got a divorce when their child was about two years old. The mom wanted to move closer to her family when the child was already enrolled in school. The court found that the child’s schooling would not be improved because he was currently enrolled in Spanish classes that were not available where the mother wanted to move. The court also found that neither parent could financially afford to the visitation schedule if the mother moved. The father asked the court to give him custody. The court denied that move stating that the mother’s asking did not substantially change the child’s circumstances.

If you are going to court to battle cases like these, then you need a family law practice in Orlando expert at your side. Call Frank Family Law Practice as they want to be your family law practice in Orlando expert.