Fort Lauderdale Divorce Lawyer Blog
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, as demonstrated in a recent Florida ruling. If you want to know what steps you can take to protect your parental rights, it is advisable to meet with a Miami child custody lawyer as soon as possible.
Case Setting
It is alleged that the husband and the wife divorced in November 2015, and the final judgment included a settlement agreement that outlined a timesharing schedule and a method for determining the emancipation of their six children. The agreement also provided a dispute resolution process for issues related to shared parental responsibility, timesharing, and finances. However, it did not contain provisions related to the relocation of the minor children.
Reportedly, in August 2023, the wife relocated to Baltimore with the two minor children without the husband’s consent or filing a petition for relocation, prompting the husband to file an emergency motion to compel the return of the children to Florida. The trial court ordered the return of the minor children and the emancipation of the adult children, leading to the wife’s appeal.
Relocation of Children in Custody Actions
On appeal, the court reviewed the trial court’s decisions on two main issues: the relocation of the minor children and the emancipation of the adult children. The court affirmed the trial court’s order requiring the return of the minor children to Florida, noting that the former wife had relocated the children without the former husband’s consent and without filing the required petition for relocation, as mandated by Florida law. In doing so, the court emphasized that the statute requires a petition for relocation in the absence of an agreement between the parties.
However, the court reversed the trial court’s order regarding the emancipation of the adult children. It found that the former husband had not requested emancipation in his pleadings, nor was it addressed during the hearing. The court concluded that granting relief not requested in the pleadings constitutes an abuse of discretion and a violation of due process.
Additionally, the court noted that there was no evidence in the record to support the trial court’s finding of emancipation, further justifying the reversal. Therefore, the court affirmed the order in part and reversed it in part.
Confer with a Skilled Miami Attorney
When parents share custody of a child, they are generally barred from moving the child out of state without leave of court, and if they do, they may be compelled to return the child to Florida. If you are interested in learning more about how you can protect your parental rights in a custody action, it is prudent to confer with an attorney. The skilled Miami child custody lawyers at the Law Offices of Sandy T. Fox, P.A. can advise you of your options and help you seek an outcome that benefits your child and you. You can reach us at 800-596-0579 or by using the online form to arrange a consultation.