Matthew Lane & Associates, P.A.
PALM BEACH GARDENS, WEST PALM BEACH, WELLINGTON, BOCA RATON561-328-1111

Child Relocation Archives

Child Relocation in Palm Beach County, Florida

Relocation - Requirement of Change of Circumstances in Florida

Where a final judgment contains a prohibition against the relocation of a child, the parent seeking a relocation must show a change of circumstances to justify the relocation "Mclntyre v. Mclntyre, 452 So. 2d 14, 20 (Fla. 1st DCA 1984); Mize v. Mize, 621 So.2d 417, 420 (Fla. 1993) (concluding that in addition to consideration of the factors subsequently delineated in sections 61.13 and 61.13001 relating to best interests of the child, 'in cases where the final judgment incorporates a prohibition against the relocation of the child thereby reflecting that the issue was litigated, the parent with the primary residential responsibility must show a change of circumstances in order to justify the relocation") Lancaster v. Briley, 932 So. 2d 549,550-51 (Fla. Lst DCA 2006) ("In cases where a final judgment of divorce incorporates an express prohibition against relocation, the moving party must show a change of circumstances in order to justify relocation."); MacConnellv. Cascante, 668 So. 2d 668, 669-70 (Fla. 4th DCA 1996) (concluding that in addition to the Mize (or section 61.13 and 61.13001) factors, 'where the final judgment incorporates a prohibition against the relocation of the child, the parent with primary residential responsibility must show a change of circumstances to justify the relocation)."In Re Guizzardi 

Child Relocation In Palm Beach County, Florida

In a relocation case, the focus is whether the relocation is in the child's best interest. In Rossman v. Profera, the Florida Court of Appeal stated: "Ultimately, the concern in a relocation determination is whether the relocation is in the best interests of the child. In fact, courts have held that relocation cannot be based solely upon a finding that it would serve the best interests of the custodial parent-not the minor child. See Fredman v. Fredman, 960 So. 2d 52, 60-61 (Fla. 2d DCA 2007) (affirming the trial court's denial of relocation because the evidence indicated that the relocation was in the mother's best interest but not the minor child's); Berrebbi v. Clarke, 870 So. 2d 172, 173 (Fla. 2d DCA 2004) (reversing an order granting a relocation request because '[a]ny evidence regarding the benefits of relocation related to the Mother and her new husband' and there was no evidence that relocation would be good for the minor child); Kuntz v. Kuntz, 780 So. 2d 1022, 1023 (Fla. 4th DCA 2001) ('[The relocation statute] imposes an intensely fact specific framework on the relocation decision, where the trial judge may base a decision on what is best for the child, even though a result may not be best for the primary residential parent seeking to relocate." (citation and internal quotation marks omitted))." 

Child Relocation in Palm Beach County, Florida

Parent seeking relocation in Florida has burden of demonstrating that relocation is in child's best interests, and if that burden is met, the burden shifts to the non relocating parent to demonstrate that the relocation is not in the child's best interests. In Orta v. Suarez, the Florida Court of Appeal stated...

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Palm Beach Gardens Office
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