Appealing temporary time sharing schedule in Florida Divorce Case

You can appeal a judge imposing a temporary relief order such as awarding temporary custody or spousal support in your Florida Divorce or Custody Case.

The judge’s decision did not have many findings concerning the children but the judge still implemented a temporary time sharing schedule and parenting plan.  Can I file an appeal?

Possibly. Recent case law has reduced the need for detailed findings in temporary timesharing and parental responsibility orders, at least in the Fourth District Court of Appeal. However, there still must be competent, substantial evidence on the record to support the judge’s temporary custody decisions. 

As an example, if there was no testimony or evidence at the temporary relief hearing concerning a parent putting the children at risk of harm, a temporary order that severely restricts a parent’s time sharing is likely subject to reversal on appeal in Florida.

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