Posted by Nydia Streets of Streets Law in Child Custody
It can take a year or more to get to trial in your Miami child custody case. This is why parties can and should seek temporary relief orders which, for example, provide an interim enforceable mandate regarding a parenting plan.
One unique aspect of temporary relief orders is that they can be modified relatively freely. In contrast, a final order regarding timesharing is modifiable upon a showing of a substantial change in circumstances that was not contemplated at the time the final order was entered. Establishment and modification of a temporary relief order is within a judge’s discretion.
In the case Riddle v. Riddle, 214 So.3d 694 (Fla. 4th DCA 2017), the parties disputed a change of a temporary timesharing order. The wife was originally granted temporary primary residential care of the parties’ children but the husband later filed a motion to modify that order to grant him temporary primary residential care of the children. The husband’s request was granted and the wife appealed on the basis that the husband did not allege or prove a change in circumstances.
In upholding the trial court’s decision, the appellate court relied on the reasoning that temporary relief hearings are meant to maintain the status quo and promote stability for children. The court held “As long as the trial court’s decision is based on competent, substantial evidence and not an abuse of discretion, it will be affirmed.”
Temporary relief is sometimes essential in a Miami family case. Set a consultation today to determine if temporary relief orders are needed for you or your children.