The Case of Puertes vs. Ruiz – A Case of Relocation and Parenting Time Schedules in Miami

There is no question that relocation cases are some of the most complex disputes in Miami family law and divorce cases. When a parent seeks to move with a child, the court must balance housing stability, safety, parental rights, and the child’s best interests. A recent Third District Court of Appeal decision, Puertes v. Ruiz, highlights how Florida courts handle relocation requests and the resulting parenting time schedules. For anyone working with a Miami child timesharing attorney, this case provides important guidance on both trial strategy and appellate risks.

Background of Puertes v. Ruiz

In Puertes v. Ruiz, the mother filed a petition in February 2024 seeking to relocate from Miami to Gainesville after being required to vacate her Miami residence and being unable to afford adequate housing locally. At the final hearing, evidence showed that the mother would not be moving to the address listed in her petition, but instead to a different residence that raised significant safety concerns, including its remote location and a dense sexual predator population.

After the trial but before the final order was entered, the mother moved to reopen the evidence, stating that she would in fact be relocating to the originally proposed residence. The father did not object to reopening the evidence as long as he could address time sharing issues. The trial court allowed this limited reopening and advised that any separate issues would need to be raised by motion.

Relocation Granted and Parenting Time Modified

The trial court ultimately granted the relocation and implemented a new parenting plan. Under that plan, the father received majority time sharing, while the mother assumed much of the labor and cost associated with transporting the child between Miami and Gainesville. The father sought rehearing, but did not raise due process objections related to reopening the evidence. The court corrected minor clerical errors and otherwise reaffirmed its ruling.

On appeal, the father argued that the trial court committed fundamental error by creating a new time sharing schedule without conducting a detailed analysis under section 61.13(3), Florida Statutes. However, the appeal was significantly limited because the father failed to provide transcripts or a statement of the evidence from the final hearing.

The Third DCA’s Legal Analysis

The Third District Court of Appeal affirmed the trial court’s decision. The court explained that when relocation is granted, trial courts are not required to conduct an independent modification analysis under section 61.13(3). Instead, section 61.13001(9)(a) of the Florida Statutes gives courts discretion to adjust parenting plans and time sharing to ensure frequent, continuing, and meaningful contact with the nonrelocating parent.

The appellate court emphasized that when relocation renders an existing parenting plan untenable, the trial court may implement a new schedule as long as it ultimately finds that the arrangement serves the child’s best interests. The court also rejected the father’s due process argument, noting that he failed to take procedural steps to present rebuttal evidence or raise separate issues as instructed.

Why This Case Matters for Miami Parents

Puertes v. Ruiz shows how relocation can dramatically alter parenting time, even resulting in a nonrelocating parent receiving majority time sharing. It also underscores the importance of proper procedure, preserving issues for appeal, and building a complete evidentiary record.

As this case demonstrates, if you are facing a child relocation or child timesharing dispute, working with an experienced Miami child timesharing attorney is critical. The experienced Miami child timesharing attorneys at the law firm True North Law, P.A. help Miami parents navigate relocation petitions, parenting plan modifications, and child support matters with a clear focus on strategy, compliance with Florida law, and protecting parental rights. When relocation is on the table, the guidance of a knowledgeable attorney can make the difference between uncertainty and a workable, child focused outcome. Contact the lawyers at True North Law, P.A. today and discuss your rights, options, and next steps now.

Source:

law.justia.com/cases/florida/third-district-court-of-appeal/2025/3d25-0305.html