ASHLEY WILLIAMS, APPELLANT,
v.
CHARLES HARRISON BURGESS, AND WILLIAM HARRISON BURGESS, AND ADAM HARRISON BURGESS, APPELLEES
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The appellate court affirmed the trial court's denial of a motion to terminate a temporary custody order, finding the petitioner was not yet fit to have custody despite maintaining regular contact with the child.
A trial court may deny a motion to terminate a temporary custody order under Florida Statutes § 751.05(6) when the parent is not yet fit, even if the parent maintains regular visitation and communication with the child.
[1] A temporary custody order entered by agreement of the parties under Florida Statutes § 751.05 may be denied termination when the parent seeking modification is not yet fi…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Temporary orders, by contrast, can be revisited at any time the circumstances warrant.”
The court explained that temporary custody orders are not final and can be modified or terminated upon changed circumstances.
A parent sought to terminate a temporary custody order that had been entered by agreement of the parties under Chapter 751, Florida Statutes. The pare…
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We review an order denying a motion to terminate a temporary custody order originally entered under Chapter 751, Florida Statutes, by agreement of the parties. The trial court denied the motion to terminate on grounds the petitioner was not fit at this time to have custody. See § 751.05(6), Fla. Stat. (2013) (“At any time, either or both of the child’s parents may petition the court to modify or terminate the order granting temporary custody. The court shall terminate the order upon a finding that the parent is a fit parent, or by consent of the parties. The court may modify an order granting temporary custody if the parties consent or if modification is in the best interest of the child.”).
The order under review finds that petitioner “has lived with and visited the child throughout the child’s life” and “has had frequent and regular visitation and communication with the child,” and does not purport to terminate parental rights. In deference to the trial court’s role as finder of fact, we affirm, without prejudice to further proceedings in the event of changed circumstances. See Steven Scott Stephens, Florida Family Law § 8.7 (2014 ed.) (“Temporary orders, by contrast, can be revisited at any time the circumstances warrant.”).
AFFIRMED.
BENTON and CLARK, JJ., concur; MAKAR, J., specially concurs with opinion.
specially concurring.
Because the motion to terminate the temporary custody order was not agreed upon by the parties, the trial court had to determine whether the movant-mother, Ashley Williams, was fit. § 751.05(6), Fla. Stat. Because the record supports the trial court’s overall finding that she is not at this time, despite some positive findings as to her relationship with her child, affir-mance is in order.
MAKAR, J.,
specially concurring.
Because the motion to terminate the temporary custody order was not agreed upon by the parties, the trial court had to determine whether the movant-mother, Ashley Williams, was fit. § 751.05(6), Fla. Stat. Because the record supports the trial court’s overall finding that she is not at this time, despite some positive findings as to her relationship with her child, affir-mance is in order.