Posted by Nydia Streets of Streets Law in Florida Child Custody
Is it easy to suspend a parent’s time-sharing in a Florida child custody case? If a parenting plan has been established and one parent alleges a threat to the safety or welfare of the children that requires suspension of time-sharing, it is possible for this to occur. The parent whose time-sharing is affected must be afforded due process. This means a fair process with notice to the parent that his or her time-sharing will be suspended.
In the case Bowers v. Smith, 5D22-730 (Fla. 5th DCA November 7, 2022), the mother appealed an order suspending her time-sharing. The appellate opinion does not provide a factual background but the mother’s argument on appeal was that the father did not request suspension of her time-sharing in his motion. The appellate court agreed with the mother and reversed the order suspending her time-sharing.
Schedule your meeting with a Miami child custody lawyer to understand how the law may apply to the facts of your case.