Under Florida law, courts making timesharing decisions must base their determinations on the child’s best interests, supported by substantial evidence. When a court’s decision relies on speculative or unsupported assumptions, it risks reversal. A recent Florida decision illustrates the need for competent evidence when ordering significant changes to a child’s…
Articles Posted in Child Relocation
Florida Court Discusses Relocation of Children in Custody Actions
Generally, in Florida custody cases in which both parents have parental rights, the courts will preclude either party from independently relocating a child without their co-parent’s permission or leave of court. As such, if a party does so, a court may order them to return the child in question to…
Florida Court Explains Requirements for Parental Relocation
Parents who share custody of a child will often live in the same geographic area, which makes custody exchanges relatively easy. It is not uncommon, though, for one parent to wish to relocate to another city and to take their children with them. While a parent has the right to…
Court Explains Timesharing Decisions in Florida Custody Cases
It is not uncommon for parents who share custody of a child to disagree over where the child should live or whether one parent should be able to move to another state with the child. In such instances, the parties will typically seek input from the courts to determine their…
Court Discusses Prospective-Based Analysis in Florida Child Custody Cases
In a Florida child custody case, the court’s driving concern is what is in the best interest of the child that is the subject of the suit. The court will look at numerous factors to determine what custody arrangement will best benefit the child’s welfare and well-being. The courts generally…
Florida Court Declines to Relinquish Jurisdiction Over a Custody Case
Generally, when Florida residents are engaged in disagreements over parental rights, they will file a custody action in the county in which they or their co-parent resides. If a Florida court can validly exercise jurisdiction in a custody case and issues an initial custody determination, the court’s jurisdiction will typically…
Court Examines Post-Judgment Jurisdiction Over Custody Cases in Florida
Generally, people file family law actions in the court situated in the county in which they reside. If they subsequently move, though, there may be a question as to whether the court can continue to exercise jurisdiction over their case. Recently, a Florida court explained when courts within the state…
Florida Court Explains Standing to Object to Child Relocation
It is not uncommon for people to want to move from Florida to another state for personal or professional reasons. While people are generally free to do so, if they share custody of a child, their co-parents may object to the child’s relocation. Further, as demonstrated in a recent Florida…