Fort Lauderdale Divorce Lawyer Blog
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.
Grounds for Temporary Time-Sharing Modifications
On appeal, the court affirmed the trial court’s decision to reinstate the regular time-sharing arrangement. The court held that the trial court followed proper procedure by promptly conducting a post-suspension hearing and affording both parties the opportunity to be heard, as required under Florida law and due process principles.
The court cited Roberts v. Diaz, 343 So. 3d 156 (Fla. 3d DCA 2022), which emphasized that time-sharing modifications, even temporary suspensions, must be supported by competent, substantial evidence and require meaningful notice and the chance to be heard. The court also noted that a temporary emergency suspension, while permissible under certain circumstances, must be followed by a full hearing to avoid violating constitutional rights.
At the post-emergency hearing, the trial court evaluated the evidence in accordance with Florida’s Family Law Rules of Procedure and the Florida Evidence Code. The court considered the admissibility of records under Florida Statutes sections 90.803(6) and 90.902(11), and based on this evidence, concluded that reinstating the prior time-sharing plan served the best interests of the child. The court found that the trial court’s findings were supported by competent, substantial evidence and affirmed the order in all respects.
Meet with a Knowledgeable Miami Custody Attorney
Time-sharing disputes in Florida, especially those involving emergency relief, require swift legal action and strict adherence to due process. Courts may issue temporary suspensions when a child’s safety is at risk, but such orders must be followed by full evidentiary hearings that respect each parent’s rights. At The Law Offices of Sandy T. Fox, P.A., our experienced Miami family law attorneys advocate for parents in both emergency and standard custody proceedings. We are committed to protecting your rights while ensuring that outcomes reflect your child’s best interests. Call us at 800-596-0579 or contact us online to schedule a confidential consultation. We represent clients throughout South Florida.