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Relocation Judgment That Separated Siblings Reversed

July 6, 2017 by  
Filed under Uncategorized

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In a relocation case brought pursuant to Florida Statute Section 61.13001, siblings should not be separated from one another unless there is a compelling reason to do so.

In Sickels v Sickels, the Fifth District Court of Appeals for the State of Florida reversed a post divorce relocation judgment that separated two 15 year old twins from their 9 year old sibling by allowing the Father to relocate with the twins to Virginia but providing for the 9 year old to stay  with the Mother in Florida.  The trial court did not make a finding that there was a compelling reason for the 9 year old not to relocate with the other siblings, or that there would be some detriment to the minor child if he relocated with the Father and twins to Virginia. The Appellate Court ruled that absent such findings a judgment separating the siblings could not stand and reversed the judgment sending it back to the trial court for it to either make findings of a compelling reason and detriment to the 9 year old child or not separate the siblings from one another.

If you have minor children and wish to relocate with them it is important that you talk with a lawyer with experience in relocation cases.  If you want to talk to one of our lawyers about your situation please contct our office to schedule a consultation.

To Successfully Oppose Relocation With a Child the Promise of a Change in Future Behavior is Not Enough

June 13, 2017 by  
Filed under Uncategorized

relocating with a child

 

 

In Solomon v. Solomon the Former Husband had a gambling problem and some mental health issues.  The burden of proof under the Florida Relocation Statute, Florida Statute 61.13001, was initially on the Former Wife to show that the relocation was supported by the statutory factors and in the best interests of the minor child. Once established the burden of proof would then fall on the Former Husband to establish that the proposed relocation is not in the best interests of the minor child.

The trial court considered it to be in the best interests of the minor child to be able to relocate with the Former Wife to Virginia , however, the trial court then decided that the Former Husband had overcome the presumption in favor of relocation being in the best interests of the child through a promise to temper his gambling and address his mental health issues in the future.

The Fourth District Court of Appeals for the State of Florida reversed the trial Court’s decision stating that a promise of future changes was not enough,  that a determination needed to have been made in the best interests of the child at the time of the final hearing, and that it must be supported by competent and substantial evidence.

If you need help from an attorney in a relocation case call us for a consultation on (786) 539-4935.

Disclaimer: The Law Offices of Robert Hanreck, P.A. is based in Miami , Florida and serves clients throughout the State including Miami-Dade and Broward counties. We are licensed to practice law in the State of Florida. This website is intended for informational purposes only and is not meant to constitute legal advice, or solicit clients outside of the State of Florida.