Fredman v. Fredman
District Court of Appeal of Florida
960 So. 2d 52 (Fla. Dist. Ct. App. 2007)
After their divorce, Linda had custody of the Fredmans' children and lived near David (her ex-husband), who saw them weekly and, with his extended family nearby, was deeply involved in their lives. When Linda got engaged to a man living in Texas, she petitioned to relocate there with the children, who knew no one there besides her fiancé and his son, even though the school systems in both locations were comparable. The trial court denied relocation, and Linda appealed, arguing Florida's relocation statute — which applies no presumption favoring relocation — violated her constitutional rights to privacy, travel, and equal protection.
Whether a determination on a custodial parent's request to relocate with a child, where the move would materially affect the noncustodial parent's access to the child, must be based on multiple factors including the relocating parent's quality of life, the noncustodial parent's ability to maintain a meaningful relationship with the child, and the child's best interests — without any presumption for or against relocation.