DAVID TOMKINS, APPELLANT,
v.
LAURA TOMKINS, APPELLEE

Fla. 4th DCA | 2004-05-19
No. 4D03-2209
STONE, STEVENSON and HAZOURI, JJ., concur.
873 So. 2d 522 Florida District Court of Appeal, Fourth District (2004)

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Holding

The court held that the trial court did not abuse its discretion in allowing the former wife to relocate with the child.


Facts & Procedural History

The former husband appealed an order allowing the former wife to relocate with their son to Ohio. The trial court considered statutory criteria and fo…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

David Tomkins, the former husband/father, appeals an order allowing the former wife/mother to relocate to Ohio with the couple’s son. A primary residential parent’s request to relocate with a minor child is governed by section 61.13(2)(d), Florida Statutes (2003). Here, the trial court considered the evidence and the statutory criteria, finding that relocation was in the best interests of the mother and the minor child.

An appellate court’s standard of review of a trial court’s order regarding relocation is whether the trial court abused its discretion. We look to see if there is substantial competent evidence to support the trial court’s findings concerning the statutory factors.... We do not engage in “reweighing the evidence and making the value judgments that are appropriate for the trial judge.”

Botterbusch v. Botterbusch, 851 So. 2d 903, 904-05 (Fla. 4th DCA 2003) (quoting Flint v. Fortson, 744 So. 2d 1217, 1218 (Fla. 4th DCA 1999)) (other citations omitted). We have reviewed the order appealed and find no abuse of discretion in the trial court’s decision.

AFFIRMED.

STONE, STEVENSON and HAZOURI, JJ., concur.


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