International Relocation And The Best Interests Standard In Child Relocation Cases

Child relocation is a very intricate issue in Florida family law. When a parent wants to relocate a long distance away from their current residence, the court is faced with the task of balancing the parent’s grounds for moving and the child’s right to a stable environment and a relationship with the other parent. In Florida, the standard applied to relocation cases is the “best interests of the child” standard. In this article, the Tampa, FL, child custody lawyers at Faulkner Law Group, PLLC, will discuss a real case involving child relocation and how the court decided the matter. 

Background of the case

This case came from a dispute between two parents regarding their minor child. In this case, the parents shared responsibility. The father regularly saw his children as per the timesharing schedule, which was originally agreed upon.

This case arose from a dispute between a mother and father regarding their child. The parents shared responsibility at the time, but the mother wanted to relocate to Brazil (her home country) with the children. The father opposed the move.

The trial court decided the case in favor of the mother. It granted her permission to relocate with the children to Brazil, where the father would not have access to them. The father appealed the decision, claiming it would disrupt his relationship with his child and it was not in the child’s best interests to move internationally. 

The appeal 

The father appealed the decision to the appellate court, arguing that the trial court overemphasized the mother’s benefits while undervaluing the impact of the father-child relationship.

The case made it all the way to the Florida Supreme Court. The court reviewed the decision of the lower court and its analysis of the mother’s reasons for relocating. Since the trial court failed to consider the best interests of the children when ruling on the relocation, the Supreme Court overturned the decision of the trial court and remanded the case for reconsideration. 

Key takeaways from the case 

The decision, in this case, became precedential. This is because the case emphasizes:

• Determining whether a relocation was in the best interests of the child and not the interests of the relocating parent
• Assessing the impact of the child’s relationship with the parent opposing the move
• Closely scrutinizing long-distance and international relocations because of the possible loss of contact between the child and parent

In other words, the move needs to be in the best interests of the child and not the parent.

Talk to a Tampa, FL, Family Lawyer Today 

If you have questions about the child relocation process, the Tampa family lawyers at Faulkner Law Group, PLLC are prepared to help. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

caselaw.findlaw.com/court/fl-supreme-court/1497415.html