LORI MICHELE HOYT, F/K/A LORI MICHELE OPRY-HUBER, APPELLANT,
v.
BRIAN ANDREW CHALKER, APPELLEE
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A mother appealed a trial court's denial of her petition to relocate her two minor sons from Florida to Virginia. The Florida appellate court affirmed, finding the trial court did not abuse its discretion in concluding that relocation was not in the children's best interests.
The trial court did not abuse its discretion in denying relocation. The court properly considered the relevant factors in determining the children's best interests, and its decision was supported by competent, substantial evidence, including expert testimony that the children were well cared for in Florida and that relocation would harm their relationship with their father.
[1] A trial court's decision regarding child relocation is reviewed for an abuse of discretion.
[2] A trial court has broad discretion in child custody matters.
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Join FLexlaw to unlock all legal intelligence“It is well settled that a trial court has broad discretion in child custody matters, and its decision in that regard is reviewed for an abuse of discretion.”
Establishes the applicable standard of review for custody decisions, giving trial courts significant deference.
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Join FLexlaw to unlock all legal intelligenceAndrew Chalker and Lori Hoyt were divorced in Hawaii in 2010 after a ten-year marriage that produced three children. The Hawaii divorce decree awarded…
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Circuit judges constantly face tough choices in family law cases. Among their more difficult decisions is how to allocate timesharing between parents. In this case, a mother appeals one of those difficult decisions. The mother, appellant Lori Hoyt, argues that the trial court should have allowed her to move her two young sons from Florida to Virginia, where the mother and her new husband now live. The trial court refused, finding it was not in the sons’ best interests. Because we conclude the trial court acted within the limits of its broad discretion, we affirm. See Raulerson v. Wright, 60 So.3d 487, 489 (Fla. 1st DCA 2011) (noting application of abuse-of-discretion standard).
Andrew Chalker and Lori Hoyt’s ten-year marriage produced three children. Early on, the family lived in Hawaii, where Chalker served in the Navy. The family was still there in 2010 when the marriage ended. The Hawaii court’s divorce decree provided that the couple’s two sons would live with their father (Chalker) but spend half their summers and alternating major holidays with their mother. The father and the sons later moved to Marianna, Florida, and the mother moved to Virginia with the couple’s daughter.1 The Hawaiian judgment was eventually domesticated in Florida, where the mother filed the petition at issue.
The mother argued below that a move to Virginia was in the boys’ best interests. She claimed that the father neglected the boys’ unique medical needs- by allowing one son’s condition to relapse and refusing to provide the other son with appropriate medication. She also suggested that Virginia offered better educational opportunities than Marianna, and she offered testi*699mony that the boys indicated they would prefer life in Virginia. •
The trial court ultimately rejected Hoyt’s arguments.2 It concluded relocation was not in the boys’ best interest, relying in large part on expert testimony that the children were well cared for in Florida and that relocation would harm their relationship with their father. The court also concluded that the boys would benefit from the stability their life in Ma-rianna provided. The court considered the appropriate factors in evaluating the boys’ best interests, and its detailed findings were supported by competent, substantial evidence. See Arthur v. Arthur, 54 So.3d 454, 459 (Fla. 2010) (“[A] best interests determination in petitions for relocation ... must be supported by competent, substantial evidence.”). As in many ' other cases, reasonable judges might have ruled differently, but "our task is only to determine whether the trial court acted outside of the broad discretion the law gives it. See Miller v. Miller, 842 So.2d 168, 169 (Fla. 1st DCA 2003) (“It is well settled that a trial court has broad discretion in child custody matters, and its decision in that regard is reviewed for an abuse of discretion.”). We find no abuse of discretion.
AFFIRMED.
BILBREY and M.K. THOMAS, JJ., CONCUR.
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McLendon v. D'Amico (Fla. 1st DCA 2019)…ppeals, arguing that the amendment was not in the child’s best interest and that the court overlooked evidence of D’Amico’s continued problems. Trial courts are afforded broad discretion in determining custody arrangements. See Hoyt v. Chalker, 228 So. 3d 697, 699 (Fla. 1st DCA 2017). Section 61.13, Florida Statutes, sets out 2 factors for consideration. See Neville v. McKibben, 227 So. 3d 1270, 1273 (Fla. 1st DCA 2017). And here, the court found that those factors supported awarding D’Amico unsu…
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Kaitlyn Nall v. Tarter (Fla. 1st DCA 2022)…CURIAM. AFFIRMED. See Ness v. Martinez, 249 So. 3d 754, 757-59 (Fla. 1st DCA 2018) (affirming the trial court’s order denying the mother’s petition for relocation and granting the father’s petition to modify timesharing); see also Hoyt v. Chalker, 228 So. 3d 697, 699 (Fla. 1st DCA 2017) (affirming the denial of the mother’s petition for relocation, noting that although reasonable judges might have ruled differently at trial in evaluating the best interests of the child, the reviewing court’s task is only to…
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Pun v. Pun (Fla. 1st DCA 2023)…trial court’s factual findings were supported by competent, substantial evidence and it did not apply a presumption against relocation, the order on appeal is AFFIRMED. ROBERTS and TANENBAUM, JJ., concur. further discussion. See Hoyt v. Chalker, 228 So. 3d 697, 699 (Fla. 1st DCA 2017). _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Linda A. Bailey and Hunter J. Hendrix of the Law Office o…
Authorities Cited
- Arthur v. Josette A. Arthur, 54 So. 3d 454 (Fla. 2010)
- Miller v. Miller, 842 So. 2d 168 (Fla. 1st DCA 2003)
- Raulerson v. Wright, 60 So. 3d 487 (Fla. 1st DCA 2011)