In Florida family law, courts have the authority to suspend a parent’s timesharing rights on a temporary basis when emergency conditions threaten the welfare of the child. Although such suspensions may occur outside of the usual modification process, they are permissible when the situation presents an imminent risk of harm. A recent ruling from a Florida court reaffirms the judiciary’s discretion to act swiftly in such cases to protect children while preserving the parents’ right to seek future relief. If you are concerned about your parental rights, it is advisable to confer with a Miami child custody attorney.
Factual Setting and Procedural Background
It is reported that the trial court issued a non-final order temporarily suspending the plaintiff’s timesharing rights with the minor child. The order followed a claim of emergency filed by the defendant, who alleged circumstances that placed the child’s welfare in jeopardy. Although the underlying facts are not set forth in detail within the appellate opinion, it is alleged that the trial court acted to prevent potential harm, consistent with its statutory obligation to prioritize the best interests of the child.
It is further reported that the plaintiff appealed the trial court’s decision, asserting that the suspension of timesharing was unwarranted and that the trial court had abused its discretion. However, the defendant maintained that the court’s actions were justified by the presence of a genuine emergency involving child endangerment or the threat of removal from the court’s jurisdiction.
Grounds for Suspending Custody Orders
On appeal, the court affirmed the trial court’s temporary suspension order. The court reiterated that such emergency orders are reviewed under an abuse of discretion standard and will not be reversed absent a showing that the lower court acted arbitrarily or contrary to law.
Citing established precedent, the appellate court emphasized that trial courts are empowered to issue emergency orders modifying or suspending timesharing when exigent circumstances arise. In Gielchinsky v. Gielchinsky, 662 So. 2d 732 (Fla. 4th DCA 1995), the court recognized the legitimacy of such orders where there is a “true emergency.” Similarly, in Saenz v. Sanchez, 373 So. 3d 1211 (Fla. 3d DCA 2023), the court acknowledged the trial court’s discretion to act when there is child endangerment, a threat of harm, or an imminent risk of removal from the jurisdiction.
The court also referenced Perez v. Dwyer, 271 So. 3d 1116 (Fla. 3d DCA 2019), in which it reaffirmed that trial courts have the discretion to temporarily suspend timesharing pending further proceedings. Notably, even when emergency relief is requested by motion, as opposed to a formal petition, Florida courts have approved such procedural methods provided that they preserve the opportunity for future review. In Ryan v. Ryan, 257 So. 3d 1168 (Fla. 3d DCA 2018), the court found no error in granting emergency relief by motion, especially when the trial court provided a clear path to reconsideration once specific conditions were satisfied.
Finally, the court relied on Scheer v. Scheer, 132 So. 2d 456 (Fla. 3d DCA 1961), to clarify that while emergency orders are permitted, any permanent changes to custody or timesharing must comply with procedural requirements, including notice, pleading, and the opportunity to be heard.
Contact a Trusted Miami Child Custody Attorney
Emergencies involving child custody or timesharing require immediate and knowledgeable legal intervention. Florida courts are authorized to act swiftly in child custody cases to protect children, but such actions must ultimately withstand judicial scrutiny. At The Law Offices of Sandy T. Fox, P.A., our experienced Miami family law attorneys can help you respond effectively to emergency motions, preserve your parental rights, and advocate for your child’s best interests. Call us at 800-596-0579 or contact us online to schedule a confidential consultation. We represent clients in Miami and throughout South Florida.