What Florida Parents Should Know About Child Relocation Disputes

When a parent wants to relocate a child after divorce or a dispute over custody rights, it can easily become one of the most emotionally charged and complicated issues under Florida family law. Relocation cases typically present a parent’s desire for improved opportunity against a parent’s right to a significant relationship with their child.

In the case we’re about to discuss, the Third District Court of Appeals in Florida dealt with what occurs when the trial court denies a relocation request “unless the moving party can clearly win on all issues.” This case is a reminder that Florida courts are to follow the relocation statute and apply the proper standard of law, and not simply their own belief, and a tie goes to the non-moving party. 

Background of the case 

In the aforementioned case, there was a dispute over a parent who wanted to relocate the children from Miami to San Diego. Under Florida law, a parent cannot relocate a child over 50 miles for at least 60 days without the consent of the other parent or a court order. Such cases in Florida are regulated under Florida Statute § 61.13001, where a variety of factors have to be taken into account to determine if the child’s best interests will be served by the move.

In court, the parents provided evidence of the possible benefits and risks of the move. As in most relocation cases, both parents had good points in their arguments. While one parent gave points on why the move should take place, the other gave points on why the move shouldn’t.

In the end, the trial court denied the relocation. One of the major factors, however, was that the trial court characterized the evidence as “essentially tied,” and seemed to base its decision on speculation about future events and factors that were not relevant under the relocation statute. 

The appeal 

On appeal, the Third DCA examined the trial court’s application of the relocation statute. The Third DCA found that the trial court erroneously applied the relocation statute and failed to apply the proper framework as required by § 61.13001.

One of the most significant aspects of the ruling is that the trial court cannot refuse relocation on the grounds that the scales are evenly balanced. It appears that Florida’s relocation statute does not state that if the scales are evenly balanced, relocation should be automatically denied. This indicates that the court does not establish an unofficial rebuttal presumption that relocation should be denied simply because there is no preponderance of evidence.

The Third DCA also criticized the trial court’s reliance on speculation and inappropriate considerations, holding that relocation decisions must be made in accordance with the proper factors and in accordance with the evidence presented. Due to the trial court’s error in applying the proper legal standard, it reversed the decision and remanded the case back to the trial court. 

Talk to a Tampa, FL, Family Law Attorney Today 

Faulkner Law Group, PLLC, represents the interests of Tampa parents who want to relocate with their minor children. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

law.justia.com/cases/florida/third-district-court-of-appeal/2025/3d24-0348.html