LAARWT
TEMPORARY MODIFICATION
OF CHILD CUSTODY
By K. Dean Kantaras and Joseph Tsombanidis
K. Dean Kantaras, Esq.
JULY/AUGUST 2021 | TAMPA BAY MAGAZINE 131
It is axiomatic that a final judgment
decree is res judicata (the final say) of
the facts and circumstances at the time
the judgment became final. Thus, once
a lawsuit is decided, the same issue or an
issue arising from the first issue cannot be
contested again.
This rule adopted by the Supreme
Court of Florida promotes the finality
of the judicial determination of the
custody of children. However, parties
can, nonetheless, attempt to modify a
time-sharing determination post entry
of a final judgment upon a showing of a
substantial, material, and unanticipated
change in circumstances. A court must
also find that a modification would serve
the best interests of the child or children.
If a child subject to a custody determination
is threatened with harm, or the opposing
party threatens to remove the child from
the State of Florida, temporary relief can be
applied for while awaiting a final hearing
on their petition for modification.
emergency, a court can enter a non-final
order suspending an existing parenting
or time-sharing plan, but the court should
take reasonable steps to minimize the
period and scope of the suspension.
Otherwise, the temporary order could
transform into an actual modification of
the final judgment. 9
EDITOR’S NOTE: K. Dean Kantaras is
the managing partner of K. Dean Kantaras,
P.A., a firm handling cases in family law and
immigration. Mr. Kantaras is board certified
in marital and family law by the Florida Bar.
He has been practicing for over 25 years
and is “AV” rated by Martindale-Hubbell.
Joseph Tsombanidis is a former member of the
Florida Bar. He has his bachelor of business
administration degree in finance from the
University of Notre Dame and his law degree
from Stetson University College of Law. Their
offices are located at 3531 Alternate 19, Palm
Harbor, 34683, (727) 781-0000 and 1930 East
Bay Drive, Largo, 33771, kantaraslaw.com.
Florida courts have held that under
extraordinary circumstances, a trial court
may enter a temporary order modifying
custody of a child. But such an order
“requires an emergency situation.” See
Smith v. Crider, 932 So.2d 393 (Fla. 2d DCA
2006), which states that the trial court
should still “make every reasonable effort
to allow both parties to be heard prior
to issuing an emergency modification
order. If this is not possible, however,
an opportunity to be heard should be
provided as soon thereafter as possible.”
And the movant is tasked with the burden
of providing competent, substantial
evidence supporting an emergency
temporary change in custody.
Thus, if one seeks to temporarily modify
a custody determination, said party must
demonstrate an actual emergency. Upon
a showing of an actual, demonstrated