Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a court temporarily suspend a parent’s time-sharing without the other parent filing a petition for modification of time-sharing or the parenting plan? This was an issue in the case Mishkin v. Mishkin, 3D24-1516 (Fla. 3d DCA March 5, 2025).
This appellate opinion does not given any background information about the case, but it states the trial court’s decision is affirmed. Presumably the trial court temporarily suspended a parent’s time-sharing, and that parent appealed. The appellate court cited the following in affirming: Perez v. Dwyer, 271 So. 3d 1116, 1116 (Fla. 3d DCA 2019) (trial court’s order suspending timesharing is reviewed on appeal for an abuse of discretion); Gielchinsky v. Gielchinsky, 662 So. 2d 732, 733 (Fla. 4th DCA 1995) (recognizing that the trial court is authorized to temporarily suspend timesharing “where there is a true emergency.”); Saenz v. Sanchez, 373 So. 3d 1211, 1213 n.1 (Fla. 3d DCA 2023) (recognizing trial court’s discretion to modify parenting plan in an emergency situation “such as child endangerment, threat of harm, or imminent removal from the court’s jurisdiction”); Braswell v. Braswell, 935 So. 2d 604, 606 (Fla. 3d DCA 2006) (“Courts have recognized that an emergency authorizes a court to act on a temporary basis and modify an existing custody judgment.”).
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