WILLIAM BECK
v.
CAROL HOWARD
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William Beck appeals a temporary custody order granting primary custody of the parties' child to Cassandra Lewis (the Mother) and terminating an earlier order granting temporary custody to the maternal grandmother. The Father challenges the time-sharing arrangement and associated financial expenses. The court affirmed the temporary order, finding competent substantial evidence supported the trial court's decision and no abuse of discretion occurred.
The court affirmed the temporary custody order, finding competent substantial evidence supported the trial court's award of primary custody to the Mother and the time-sharing schedule, with no abuse of discretion. However, the court noted that the trial court must reconsider the parties' financial circumstances when entering a final judgment establishing a permanent parenting plan and child support.
[1] A trial court has broad discretion in entering temporary custody and time-sharing orders, which are reviewed for competent substantial evidence to support the order and a…
[2] Upon entering a final judgment establishing a parenting plan and time-sharing schedule, the trial court must consider the parties' financial circumstances and may revisit…
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Join FLexlaw to unlock all legal intelligenceWilliam Beck and Cassandra Lewis were separated but still married parents of child J.B. The maternal grandmother (Carol Howard) initially held tempora…
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SILBERMAN, Judge.
William Beck (the Father) appeals a nonfinal order entitled "Order Terminating Chapter 751 Temporary Custody Order and Entering Temporary Custody Order Between the Parents" (the Temporary Order) that grants to Cassandara Lewis (the Mother) temporary primary custody of their child, J.B. Although the Father raises several issues on appeal, we conclude that he has not established reversible error and affirm the Temporary Order. The Temporary Order terminates an earlier order that granted temporary custody of J.B. to Carol Howard, the maternal grandmother (the Grandmother). See § 751.05(6), Fla. Stat. (2015). While the Grandmother had temporary custody of J.B., the parents were still married; however, they were separated and the Mother lived out-of-state. After the Mother sought to dissolve the earlier order as to the Grandmother and reestablish the Mother's custody of J.B., the Father filed a petition for dissolution of marriage that sought majority time-sharing with J.B. Due to the unusual procedural posture of the case, the Temporary Order resulted from a single hearing the trial court conducted in the custody case and the dissolution case.
In addition to terminating the earlier order, the Temporary Order granted the Mother primary custody of J.B., established time for the Father to spend with J.B., and addressed transportation expenses. Among the issues the Father raises on appeal are challenges to the time-sharing and the related financial expenses he will incur. We review a time-sharing determination for competent substantial evidence. See Liguori v. Liguori, 210 So. 3d 117, 119 (Fla. 2d DCA 2016); Hoff v. Hoff, 100 So. 3d 1164, 1168 (Fla. 4th DCA 2012). The trial court has broad discretion in entering temporary custody and time-sharing orders. See Riddle v. Riddle, 214 So. 3d 694, 696 (Fla. 4th DCA 2017). Because the record contains competent substantial evidence to support the Temporary Order and does not reflect an abuse of discretion by the trial court, we affirm the Temporary Order. The Temporary Order provides for the Father to have time with J.B. during the summer, holidays, and one weekend per month. The Father asserts that weekend visits impair his ability to earn a living because part of his income is derived from working weekends as a DJ. He also contends that the financial burdens imposed on him in the Temporary Order adversely impact his ability to maintain a meaningful relationship with J.B. Although we have determined that the Father has not established reversible error, we note that the trial court must again consider the parties' circumstances, including financial, before it enters a final judgment that establishes a parenting plan with a time-sharing schedule and child support pursuant to the requirements of section 61.13, Florida Statutes (2015). See Aranda v. Padilla, 216 So. 3d 652, 654 (Fla. 4th DCA 2017) (reversing a final judgment when the trial court "fail[ed] to consider the parties' respective financial positions" in apportioning travel costs associated with time-sharing). Of course, when entering the final judgment, the trial court may revisit its decision on temporary relief based on the evidence presented to it at the final hearing. See Riddle, 214 So. 3d at 696 (recognizing that a trial court may revisit relief granted in a temporary order when entering final judgment).
Affirmed.
LaROSE and ATKINSON, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hoff v. Hoff, 100 So. 3d 1164 (Fla. 4th DCA 2012)
- Aranda v. Linnette Padilla, 216 So. 3d 652 (Fla. 4th DCA 2017)
- Liguori v. Liguori, 210 So. 3d 117 (Fla. 2d DCA 2016)
- Riddle v. Riddle, 214 So. 3d 694 (Fla. 4th DCA 2017)