In Florida, the court’s main focus in custody proceedings is what is in the child’s best interest. In some instances, acting in the best interest of a child requires a court to issue temporary orders in response to exigent circumstances. The courts cannot lawfully do so without certain findings, though, as discussed in a recent Florida opinion issued in a custody case. If you have concerns about protecting your parental rights, it is wise to confer with a Miami child custody lawyer.
Factual History and Procedural Background
It is alleged that the mother and the father shared parental responsibility, as established by a final judgment of paternity. However, the father filed a motion requesting temporary sole custody of the child, claiming that the mother violated court orders by preventing him from seeing the child and by failing to bring the child for a required hospital evaluation after the child threatened self-harm. Despite the father not filing a formal petition to modify custody, the trial court held a hearing and orally determined that the child’s well-being required immediate transfer of custody to the father.
It is reported that the court expressed that placing the child with the father was necessary to protect the child from further psychological and emotional harm. The mother objected, arguing that the father’s failure to file a petition for modification and the absence of a finding of substantial change in circumstances made the court’s order improper. Nonetheless, the trial court believed it had the authority to sua sponte change custody due to exigent circumstances and entered the order. The mother then appealed.
Emergency Orders in Florida Custody Cases
On appeal, the court reviewed whether the trial court abused its discretion by granting temporary sole custody to the father without a proper petition for modification or a finding of substantial change in circumstances.
The court noted that, under Florida law, a modification of custody requires the filing of a supplemental petition and cannot be done through a motion. Additionally, any modification must be based on a showing of a substantial, material, and unanticipated change in circumstances and a finding that the modification is in the best interest of the child.
The court ultimately concluded that the father failed to allege a substantial change in circumstances, and the trial court did not make such a finding. Moreover, the father’s request for modification should have been filed as a petition, not a motion.
After reviewing the facts of the case, the court reversed the trial court’s order, ruling that the proper procedural steps were not followed, and the necessary factual findings were not made to allow for a modification of custody. The case was remanded for further proceedings consistent with the requirement that any custody modification follow the correct legal process.
Meet with an Experienced Miami Attorney
If you are involved in a custody dispute, it is wise to speak to an attorney about what actions you can take to protect your parental rights and your child’s well-being. The experienced Miami child custody lawyers at the Law Offices of Sandy T. Fox, P.A. can evaluate your case and aid you in pursuing the best outcome possible in your case. You can contact us at 800-596-0579 or by using the online form to arrange a meeting.