Tampa Custody Attorney

The Case of Kimberley A. Whitacre vs. Jason P. Ragan: A Critical Analysis

In the realm of family law, the best interests of the child are paramount. This principle was the cornerstone of the case Kimberley A. Whitacre v. Jason P. Ragan, heard by the Florida Second District Court of Appeal. The case, decided on June 21, 2024, revolves around a contentious child custody dispute that highlights the complexities and nuances inherent in family law proceedings. For those navigating similar disputes, consulting a knowledgeable Tampa custody lawyer is crucial.

Background of the Case

The conflict began when Jason P. Ragan, the father, sought to dissolve an emergency temporary custody order and reinstate the original timesharing schedule as stipulated in the final judgment of paternity. This judgment awarded him eighty percent of the timesharing with the couple’s three children. Kimberley A. Whitacre, the mother, who represented herself (pro se), moved to continue the hearing on the motion to dissolve so it could be heard alongside her supplemental petition to modify the final judgment. Her rationale was rooted in the stability and best interests of the children, arguing that the temporary custody order had been in place for over four years, and any abrupt change could cause significant disruption in their lives.

The Trial Court’s Decision

The trial court denied Whitacre’s motion and proceeded with the hearing on the father’s motion to dissolve the temporary custody order. During the hearing, Whitacre attempted to present evidence and call witnesses to testify about the children’s best interests. However, the court limited the scope of the hearing strictly to the emergency circumstances that initially justified the temporary custody order. Consequently, only the father’s witnesses were permitted to testify, and the mother’s evidence was excluded.

The trial court ultimately granted the father’s motion, resulting in an immediate shift in primary timesharing to the father. This decision was made despite Whitacre’s argument that it was crucial to consider the children’s best interests comprehensively.

Appeal and Reversal

On appeal, Kimberley A. Whitacre contended that the trial court had violated her due process rights by not allowing her to present evidence regarding the best interests of the children. The appellate court agreed, citing Florida Statutes § 61.13(2)(c) (2023), which mandates that all matters relating to parenting and timesharing must be determined based on the best interests of the child.

The appellate court referenced several precedents, including Smith v. Crider and Williams v. Williams, which emphasize the necessity of allowing both parents to present evidence in custody-related hearings. By not considering the mother’s evidence, the trial court failed to conduct a proper inquiry into the best interests of the children.

Moreover, the appellate court noted that while the trial court focused solely on whether the emergency conditions still existed, it overlooked the principle that temporary custody can be maintained pending a final resolution of the petition for modification, even without an ongoing emergency. This perspective aligns with decisions in Cappola v. Cappola and Naidu v. Naidu, which stress minimizing disruption in the child’s life as a critical factor.

Implications for Future Cases

The reversal of the trial court’s decision underscores the judiciary’s obligation to consider the best interests of the child comprehensively and ensure due process for both parents. The appellate court’s directive to maintain the current custody arrangement until the mother’s petition for modification is heard further highlights the importance of stability and continuity in the children’s lives.

For individuals embroiled in similar custody disputes, this case serves as a crucial reminder of the significance of procedural fairness and the holistic consideration of a child’s welfare. Engaging a skilled Tampa custody lawyer can provide essential guidance and representation to navigate the intricacies of family law and ensure that the child’s best interests are adequately represented and protected.


The case of Kimberley A. Whitacre v. Jason P. Ragan is a poignant example of the legal system’s ongoing efforts to balance procedural requirements with the overarching goal of serving the best interests of children in custody disputes. The appellate court’s decision to reverse and remand the case emphasizes the need for thorough and fair consideration of all relevant factors, ensuring that the child’s welfare remains the paramount concern. For those facing similar legal challenges, the expertise of a dedicated Tampa custody lawyer can be invaluable in achieving a just and favorable outcome.

Tampa Divorce Lawyer

Tampa Divorce Lawyer

If you have inquiries about prenuptial or postnuptial agreements, or if you need expert legal assistance in other areas of Family Law in Tampa, Florida or Asheville, North Carolina—including high asset divorces—please don’t hesitate to reach out to Damien McKinney of The McKinney Law Group for a detailed discussion of your case. Damien is available for contact via phone at 813-428-3400 or by email at [email protected].

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