Posted by Nydia Streets of Streets Law in Florida Child Custody
Temporary relief orders are routinely entered in Florida child custody cases. This is so that parties do not have to wait several months (and in some cases a year or more) for their final hearing to obtain relief. The case Beck v. Lewis, 2D18-2319 (Fla. 2d DCA August 9, 2019) explores how a court reviews a party’s request to set aside a temporary order on child custody.
In this case, an order was previously entered which granted temporary custody to the maternal grandmother of the parties’ child. The mother, who lived outside of Florida, filed a motion to have to order set aside and to grant her temporary primary residential care of the child while the parties’ divorce action was pending. The mother’s request was granted and the father appealed, arguing the temporary order worked a financial burden on him insofar as he would be required to travel for timesharing and that the schedule affected his ability to work.
On appeal, the court affirmed the temporary order finding no abuse of discretion by the trial court. The court held, “Although we have determined that the Father has not established reversible error, we note that the trial court must again consider the parties' circumstances, including financial, before it enters a final judgment that establishes a parenting plan with a time-sharing schedule and child support pursuant to the requirements of section 61.13, Florida Statutes. ring). Of course, when entering the final judgment, the trial court may revisit its decision on temporary relief based on the evidence presented to it at the final hearing.” (Internal citations omitted).
Since temporary orders can generally be “corrected” at a final hearing, trial courts have wide discretion in creating them. To give yourself the best shot at getting a temporary order that works for you, schedule a consultation with a Miami child custody lawyer.