FREDMAN V. FREDMAN 960 So.2d 52 (2007) CASE BRIEF

FREDMAN V. FREDMAN

960 So.2d 52 (2007)

NATURE OF THE CASE: M filed a petition to modify F's visitation because she planned to move out of state. The court denied the request. M appealed.

FACTS: M and F have two sons. The parties divorced in October of 2002, and the final judgment of dissolution of marriage incorporated the parties' marital settlement agreement (MSA). The parties have shared parental responsibility, with M being the primary residential parent and F having liberal visitation, specifically including a minimum of one night per week and every other weekend. The MSA and the final judgment do not contain a restriction on M's relocation with the children. At the time the parties entered into the MSA and provided for the specific visitation, M had a relationship with Mike Melton, whom she later married. M filed a supplemental petition seeking to modify F's visitation because she would be marrying Mr. Melton and relocating with the children to Mr. Melton's home in Ponder, Texas. The court entered a temporary injunction prohibiting M from moving the children to Texas. After a final hearing, the trial court rendered an order applying the factors in section 61.13(2)(d) regarding relocation and denying M's request for modification of visitation. Eventually after appeals and rehearing, the trial court denied M's supplemental petition and her request to relocate. M appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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