When parents talk with a tampa divorce lawyer about moving out of state with their children, many assume that if they have a good reason for the move, the court will approve it. Thomas-Jones v. Jones (2024) is a reminder that relocation cases are governed by strict statutory standards, and good intentions alone are not enough.
In this case, Florida’s Fifth District Court of Appeal largely upheld the trial court’s decision to deny a mother’s request to relocate her minor children out of state. However, the appellate court also reversed part of the ruling involving attorney’s fees, showing that even when a parent loses on relocation, the court must still follow the law when shifting legal costs.
For parents considering relocation, and for anyone consulting a tampa divorce lawyer, this decision highlights what courts will and will not do in contested relocation cases.
The Big Picture: Relocation Is Harder Than Many Parents Expect
Relocation cases are among the most emotionally charged matters a tampa divorce lawyer handles. Parents often view relocation as a practical or necessary life decision. Courts view it through a different lens, focusing almost entirely on statutory factors and the children’s best interests.
In Thomas-Jones, the appellate court affirmed the denial of relocation, reinforcing that trial courts have broad discretion when weighing relocation evidence, so long as they follow the statute.
The Court Upheld the Denial of the Relocation Request
What Happened
The mother filed a petition seeking to relocate the parties’ minor children out of state. The trial court denied the petition, and the mother appealed, arguing that the court made the wrong decision.
What the Appellate Court Said
The Fifth District Court of Appeal affirmed the denial of relocation. While the opinion is brief, its message is clear. A tampa divorce lawyer will recognize that appellate courts rarely overturn relocation decisions unless the trial court misapplies the law or ignores required factors.
Because the trial court’s decision was within its discretion and supported by the record, the appellate court declined to disturb it.
Why This Matters to Parents
Relocation cases are not re-tried on appeal. A tampa divorce lawyer will often explain that if the trial court properly considers the statutory factors, the appellate court will usually defer to that decision, even if one parent strongly disagrees with the outcome.
Children Are Not Automatically Allowed to Testify in Relocation Cases
Another issue raised on appeal involved testimony from the minor children.
What Happened
The mother argued that the trial court erred by not allowing the minor children to testify regarding the proposed relocation.
What the Appellate Court Said
The appellate court affirmed the trial court on this issue as well. Florida courts are not required to allow children to testify in relocation cases, and trial judges have discretion to determine whether such testimony is appropriate.
A tampa divorce lawyer knows that courts are often cautious about placing children in the middle of parental disputes, especially when testimony could increase emotional harm or pressure.
Practical Takeaway
Parents should not assume their children will be allowed to “choose” or testify. A tampa divorce lawyer typically focuses on presenting evidence through adults, documents, and expert testimony rather than relying on a child’s direct involvement.
Attorney’s Fees Still Require Findings of Need
Although the mother did not prevail on relocation, she successfully challenged the attorney’s fee award.
What Happened
The trial court ordered the mother to pay her former husband’s attorney’s fees. However, the court did not make express findings regarding the former husband’s financial need for assistance.
What the Appellate Court Said
This was error. The appellate court reversed and remanded the attorney’s fee award, explaining that a court cannot award fees based solely on one party having a superior financial position.
A tampa divorce lawyer will recognize this as a consistent rule in Florida family law. Courts must make specific findings regarding one party’s need and the other party’s ability to pay before awarding fees.
Why This Matters
Even when a parent loses a relocation case, fee-shifting is not automatic. A tampa divorce lawyer can challenge attorney’s fees when the required findings are missing, which can significantly reduce the financial impact of litigation.
Frequently Asked Questions About Thomas-Jones v. Jones
Is it difficult to relocate with children in Florida?
Yes. A tampa divorce lawyer will tell you that relocation cases are heavily scrutinized and must meet statutory requirements focused on the children’s best interests.
Will the court let my children testify about where they want to live?
Not necessarily. A tampa divorce lawyer knows that judges have discretion and often limit or exclude child testimony to protect the children from emotional harm.
Can an appellate court reverse a relocation denial?
It is uncommon. A tampa divorce lawyer understands that appellate courts usually defer to the trial court if the correct legal standards were applied.
If I lose a relocation case, will I automatically have to pay the other parent’s attorney’s fees?
No. A tampa divorce lawyer can challenge attorney’s fees if the court fails to make findings about financial need and ability to pay.
Does having less money automatically entitle someone to attorney’s fees?
No. A tampa divorce lawyer will explain that courts must make express findings regarding need, not just compare incomes.
What This Case Means for You
Thomas-Jones v. Jones reinforces several lessons that experienced tampa divorce lawyer professionals emphasize when handling relocation cases:
- Relocation decisions are highly discretionary
- Children are not guaranteed a voice in court
- Losing on relocation does not automatically justify attorney’s fees
- Courts must make specific findings before shifting legal costs
Relocation cases require careful preparation, realistic expectations, and a strong evidentiary strategy. Working with a knowledgeable tampa divorce lawyer helps ensure that your position is presented effectively and that any errors are preserved for appeal.
Written by Damien McKinney, Founding Partner
Damien McKinney is the Founding Partner of The McKinney Law Group, bringing nearly two decades of experience to complex marital and family law matters. He is licensed in both Florida and North Carolina and has been repeatedly recognized as a Rising Star by Super Lawyers.