District Court of Appeal of Florida
960 So. 2d 52 (Fla. Dist. Ct. App. 2007)
David Fredman and Linda Fredman were divorced. The divorce decree awarded custody of the Fredmans’ two children to Linda and visitation rights to David. The decree stated that David and Linda shared parenting responsibilities. Linda lived with the children near David in Florida. David saw the children at least once a week and was very involved in the children’s lives. David’s extended family also lived nearby, and the children saw David’s family frequently as well. Linda met Mike Melton, who was temporarily working in Florida but lived in Texas. Linda and Melton became engaged. Linda filed a petition to modify David’s visitation rights, because she planned to relocate with the children to Texas. The Fredman children did not know anyone in Texas other than Melton and Melton’s son. The school systems in the Florida and Texas communities were comparable. The trial court denied Linda’s request to relocate the children. Linda appealed, arguing that Florida’s relocation statute, which did not have a presumption in favor of relocation, violated her constitutional rights to privacy, travel, and equal protection.
Rule of Law
Holding and Reasoning (Silberman, J.)
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