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Arthur v. Arthur

54 So. 3d 454 (2010)

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Arthur v. Arthur

Florida Supreme Court

54 So. 3d 454 (2010)

Facts

At the time of the trial in their divorce action, Shawn Arthur (plaintiff) and Josette Arthur (defendant) had a 16-month-old child. In the divorce order, Josette was granted primary residential custody of the child and Shawn was given visitation rights. The trial court also granted Josette’s petition to relocate with the child to Michigan but ruled that the relocation could not occur until the child reached three years of age, approximately 20 months after the final hearing. The trial court reasoned that children under three need frequent, close contact with both parents to form familial bonds and therefore it was not in the child’s best interest to relocate immediately. Shawn appealed, arguing the trial court lacked the authority to make a prospective determination as to whether it would be in the child’s best interest to relocate after the child turned three. The appellate court affirmed, and Shawn appealed to the Florida Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Quince, J.)

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