If you’re a parent considering moving to another state with your child—or if your co-parent has already relocated—you may wonder how Florida law handles these situations. The 2024 case of Grigsby v. Grigsby [397 So.3d 832 (Fla. 1^st DCA 2024)]provides important clarification about when the parental relocation statute applies, especially if no divorce or custody proceeding has yet been filed.

Case Summary

David Grigsby (the Father) moved with his child from Florida to Georgia before any legal case had been started. Later, the Mother filed a custody-related action, and the trial court issued an emergency (ex parte) order requiring the Father to immediately return the child to Florida. The court also temporarily granted custody to the Mother—without a hearing or a formal review of what would be in the child’s best interests.

Legal Issues at Stake

The Florida First District Court of Appeal found that this emergency order was legally improper. Under Florida law, specifically Section 61.13001, the rules about relocating with a child only apply if the relocation occurs after a custody or divorce case has already been filed. Since the Father moved to Georgia before any legal case was opened, the relocation statute did not apply, and he wasn’t required to seek permission to move.

The appeals court also ruled that the trial court made a second mistake: granting a temporary custody order without holding a hearing or making any findings about the child’s best interests. Florida law requires that even temporary custody decisions must be based on sufficient evidence and a formal hearing—even if that hearing is abbreviated. The court cited similar cases like *Reynolds v. Reynolds* and *Williams v. Williams* to support this ruling.

What This Means for Florida Parents

If you’re a parent in Florida—or have moved from Florida—this case highlights two key legal principles you should know:

• Relocation Laws Only Apply After a Case Has Been Filed: If a parent moves with a child before any divorce or custody case is opened, they will likely not be required to seek permission under the Florida relocation statute.
• Emergency Custody Orders Still Require a Hearing: Even in urgent situations, a Florida court must hold a hearing and consider the child’s best interests before issuing a custody order—even if it’s temporary. Suggestions to file “ex parte” are commonly suggested by law enforcement or others not up to date on family law requirements – this is improper if the children were removed from the state prior to a final judgment.

Relocation and Custody in Brevard County

At Rhoden Law Group, we work with parents throughout Brevard County—including Melbourne, Rockledge, Titusville, and the beaches—who are navigating relocation issues or custody disputes. If you’re thinking about moving with your child or concerned that your co-parent has relocated without consent, this case shows how critical timing and legal process can be.

Talk to an Attorney Who Understands Florida Relocation Law

At Rhoden Law Group, we provide experienced guidance for relocation, custody, and timesharing cases. Every family is unique, and we’re here to help you protect your rights and your child’s best interests.

Call or text our office at 321-549-3162 or use our contact form here on the website. All initial consultations are provided as a courtesy. Let’s explore your legal options together.