In Florida, a parent’s right to time-sharing with their child is a fundamental component of family law, protected by due process and governed by statutory standards. However, courts may temporarily suspend time-sharing when an emergency arises that could endanger the child. Such suspensions must be followed by a prompt evidentiary hearing to ensure fairness and determine whether the suspension remains warranted. A recent Florida decision illustrates how courts are expected to restore regular time-sharing when the emergency basis for the suspension is no longer supported by evidence. If you are facing a dispute over custody or time-sharing, a Miami family law attorney can help protect your parental rights while prioritizing your child’s welfare.
Factual Setting and Procedural Background
It is reported that the trial court initially suspended the mother’s time-sharing rights on an emergency basis. The suspension was ordered by a temporary, or “emergency,” judge in response to an emergency motion. It is alleged that the mother’s attorney was unavailable for the emergency hearing and was not permitted to appear telephonically, a decision that likely limited the mother’s ability to present her case at the initial stage.
It is further reported that, following the emergency order, the assigned trial judge conducted a subsequent evidentiary hearing to evaluate whether the suspension should remain in effect. Both parties were given adequate notice of the hearing and had the opportunity to present evidence and be heard. The court reviewed the evidence, which included the testimony of both parents and documentary exhibits, and determined whether reinstating the prior time-sharing schedule was appropriate. Continue reading ›