Third District Court of Appeal
State of Florida
Opinion filed November 8, 2017.
Not final until disposition of timely filed motion for rehearing.
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No. 3D17-2094
Lower Tribunal No. 10-2054
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Karin Shaleesh,
Appellant,
vs.
Anthony Shaleesh,
Appellee.
An Appeal from a non-final order from the Circuit Court for Miami-Dade
County, Maria Elena Verde, Judge.
Lorenzen Law P.A., and Dirk Lorenzen, for appellant.
Cynthia J. Dienstag, P.A, and Cynthia J. Dienstag, for appellee.
Before SALTER, EMAS and SCALES, JJ.
PER CURIAM.
Karin Shaleesh (“former wife”) challenges a non-final order granting Joseph
Shaleesh’s (“former husband”) motion for a temporary suspension of the parties’
timesharing plan with respect to their minor child, LS, and permitting LS to reside
with the former husband in Miami-Dade County pending the outcome of a final
hearing on the former husband’s verified petition for modification of timesharing
and relocation of LS to Florida. “In order to obtain a temporary custody
modification, the moving party must satisfy a two-part test by establishing through
competent, substantial evidence that (1) there has been a substantial or material
change in circumstances and (2) the modification is in the best interest of the child
or children involved.” Bon v. Rivera, 10 So. 3d 193, 195 (Fla. 4th DCA 2009); see
also Bronstein v. Bronstein, 167 So. 3d 462, 464 n.3 (Fla. 3d DCA 2015). Upon
reviewing the transcripts of the hearing conducted below, at which: (1) the former
wife was both present and participated; and (2) the trial court conducted a
transcribed, in camera interview of LS, we find that the trial court did not abuse its
discretion in entering the non-final order on review. Bon, 10 So. 3d at 195 (“The
standard for reviewing a trial court’s ruling on a motion to modify custody is abuse
of discretion, although the trial court has much less discretion to modify a custody
order than it enjoys in making the original custody determination.”).
Affirmed.
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