Sunday, April 11, 2010

Relocation of Child - Court Erred in Relying on a Purported Agreement of the Parties and Failing to Establish a Timesharing Schedule

The Second District Court of Appeal reversed a Trial Court's ruling on the mother's request to relocate with the child where the Trial Court relied heavily on a purported agreement reached by the parties, where the "agreement" was not signed and did not provide for a timesharing plan upon the child reaching school age.  The District Court also held that the Trial Court erred by not including a specific timesharing plan in its order, and by ruling on child support without making any findings regarding the income of the parties or whether the Father would enjoy substantial time sharing.  Zepeda v. Zepeda, Case No.: 2D09-4303 (Fla 2d DCA March 26, 2010).  You may read the entire opinion as http://www.2dca.org/opinions/Opinion_Pages/Opinion_Page_2010/March/March%2026,%202010/2D09-4303.pdf

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