Posted by Nydia Streets of Streets Law in Florida Child Custody

When a parent wrongfully withholds court-ordered time-sharing from the other parent, the Florida statutes authorize a family court to award make-up time-sharing to the parent who was denied visits. Is a court required to award make-up time-sharing in an amount equal to the time missed? This was an issue in the case Spann v. Payne, 1D21-2323 (Fla. 1st DCA September 21, 2022).

This published opinion does not provide much in the way of factual background. However, it appears the father filed a petition to modify time-sharing based at least in part on the mother’s denial of time-sharing to him. The court granted a modification of time-sharing which gave the father a majority of overnights each year which was to be his make-up timesharing. The father appealed, arguing the amount of time given did not match the amount of time he was denied by the mother.

The appellate court affirmed the trial court’s decision, and a concurring opinion notes Florida law “does not demand that every day missed be awarded in make-up—it demands ‘a sufficient amount of extra time-sharing’ be awarded ‘in a manner consistent with the best interests of the child.’ § 61.13(4)(c)(1), Fla. Stat. The trial court’s custody order complied with this mandate.”

Schedule your meeting with a Miami child custody lawyer to understand how the law may apply to the facts of your case.