According to Florida law, the mere act of a custodial parent relocating children to another state does not by itself provide sufficient grounds for a change in custody:
Further, on the record before us, there is insufficient evidence to ground a finding that it would be in the children's best interest to be placed in Mr. VonHegel's custody, even temporarily. The custodial parent's relocating the children to another state is insufficient by itself to warrant a change in custody. See Hayes v. Hayes, 578 So.2d 54, 56 (Fla. 2d DCA 1991). Although there is evidence that at the time of the June 25 hearing Mr. VonHegel could then financially afford to support his children as well as place them in day care, this does not meet the extraordinary burden of proving a substantial and material change of circumstances such that it would be detrimental to the children to remain in the custody of Ms. LaLoggia. See Finney v. Giddens, 707 So.2d 856 (Fla. 2d DCA 1998); Gibbs v. Gibbs, 686 So.2d 639 (Fla. 2d DCA 1996).
See: LaLoggia-VonHegel v. VonHegel, 732 So. 2d 1131
Related (From our main website):
- Child Custody in Florida
- Advocating for Your Child’s Best Interest
- How to File for Child Relocation in Florida and Win Your Case
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