Decision from 4th District Court of Appeals Confirms the Court Must Hold an Evidentiary Hearing to Consider Temporary Relocation

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On April 10th the 4th DCA confirmed the provision in Fl.Stat. 61.13001 and held in Rivero v. Rivero that a court must hold an evidentiary hearing in order to consider a temporary relocation of a minor child pending a final hearing on a parent’s request to relocate. The appellate court determined that the trial court erred when it only considered the verified pleadings and argument of counsel when it permitted he mother to move with the minor child to North Carolina pending a final hearing. Preparing for an evidentiary hearing on a relocation issue is time-consuming. Parents who wish to relocate should contact counsel well in advance of the date they anticipate they will need to move.

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