Case Study: Protecting a Father’s Custody Rights in a Florida Divorce

At Stone & Capobianco, our family law attorneys often handle complex custody disputes where the safety and best interests of the children are at stake. This case involved a Father who came to our firm after his Wife threatened to take their two minor children out of the country without his consent. Given the Wife’s history of traveling with the children both out of state and internationally without providing notice, the Husband was understandably concerned about losing contact with his children.

Recognizing the urgency of the situation, we advised the Husband to file for a dissolution of marriage to protect his parental rights and establish court-ordered custody guidelines. Shortly after being served with the Petition for Dissolution of Marriage and related court orders, the Wife violated those orders by leaving the marital home with the children and even taking the family dog—without the Husband’s knowledge or consent. She denied him all access to the children and refused to disclose their location.

Because of her past conduct and her ongoing refusal to allow contact, we filed an Emergency Motion requesting the immediate return of the children and restoration of the Father’s access. Emergency motions in family law are reserved for cases where the welfare of the children is at risk, and in this case, the circumstances clearly justified urgent court intervention.

False Allegations of Domestic Violence

It was later discovered that the Wife had taken the children to a domestic violence shelter, claiming that she was fleeing abuse. However, after investigation and presentation of evidence, her allegations were found to be false and unfounded. False allegations in family law cases can have devastating effects, not only on the accused parent but also on the children, who may be wrongfully separated from one parent. Courts take these allegations seriously, but when proven false, they often reflect poorly on the credibility of the party making them.

Motion for Relocation

In addition to the shelter incident, the Wife also filed a Motion for Relocation, requesting court approval to move the children to her home state. Under Florida law, a parent cannot relocate a child more than 50 miles away without either the other parent’s consent or a court order. Courts consider numerous statutory factors when determining whether relocation is in the best interest of the children, including the impact on the child’s relationship with the non-relocating parent, the reasons for the move, and the feasibility of maintaining visitation.

At the hearing, testimony was presented by both parties, and the court carefully reviewed the relocation statutes. Ultimately, the court denied the Wife’s relocation request, recognizing that such a move would severely hinder the Father’s ability to maintain a meaningful relationship with his children. Instead, the court ordered that the children remain with the Father until further order of the court.

Litigation Challenges

Throughout the case, the Wife repeatedly failed to comply with discovery requests and violated multiple court orders. These actions further demonstrated her unwillingness to cooperate in co-parenting and underscored the need for strong legal intervention to protect the children’s best interests.

Despite these challenges, we remained steadfast in advocating for the Father’s rights and for the children’s stability.

Final Outcome

After extensive litigation, the court awarded the parties shared parental responsibility and 50/50 timesharing. However, for legal purposes, the court designated the Father’s residence as the primary home of the children. This outcome ensured that the children would have stability and consistency in their day-to-day lives while preserving their relationship with both parents.

Why This Case Matters

This case highlights several important aspects of Florida family law:

• Emergency Motions are critical when a parent unilaterally removes children or denies access.

• False allegations of domestic violence can be exposed through careful investigation and advocacy.

• Relocation requests are not automatically granted; courts strictly evaluate whether they serve the children’s best interests.

• Compliance with court orders is essential; failure to do so often undermines the credibility of the non-compliant party.

For this Father, the outcome provided peace of mind knowing that his children would remain in Florida, under a shared parenting arrangement, with his home designated as their primary residence.

At Stone & Capobianco, we are committed to protecting the rights of parents and the well-being of children in divorce and custody disputes. If you are facing similar challenges—whether involving custody, relocation, or false allegations—our experienced Florida family law attorneys are here to help you navigate the legal system and fight for your parental rights.

📞 Contact us today at (772) 781-4357 to schedule a confidential consultation.