How Military Deployment Affects Time-Sharing and Child Custody in Florida

Step-by-Step Process for Military Parents in Florida

Deployments are stressful enough without having to worry about losing custody of your child. Whether you are stationed in Jacksonville, Pensacola, or the Florida Panhandle, Florida law offers robust protections for military members. Under Florida's Uniform Deployed Parents Custody and Visitation Act (UDPCVA), codified in Fla. Stat. § 61.703 through Fla. Stat. § 61.773 (specifically Fla. Stat. § 61.713), a parent's past, current, or possible future deployment cannot serve as the sole basis to permanently modify a parenting plan. By taking the correct legal steps, you can ensure your child is cared for and your time-sharing is protected. You can consult with lawyers listed in our directory to help handle your military family law needs.

Temporary Modifications During Deployment

When you receive your deployment orders, you or your co-parent may need to adjust the current schedule. Florida law allows courts to enter temporary orders during the period of deployment under the UDPCVA. This means the other parent might take primary residential care of the child while you are away, but this modification is strictly temporary. You will need to file Form 12.948(b), Florida, Supreme Court, Motion for Temporary Order Granting Custodial Responsibility During Deployment (or Form 12.948(a), Florida, Supreme Court, Agreement for Temporary Custodial Responsibility During Deployment if both parents agree). You would file this at the court that originally handled your case, such as the Duval County Circuit Court, Jacksonville, or the Escambia County Circuit Court, Pensacola.

Delegating Time-Sharing to Step-Parents and Grandparents

One of the most powerful provisions in Florida's military custody laws under Fla. Stat. § 61.739 is the ability to delegate your time-sharing rights. If you are deployed, you can request the court to allow a family member-such as a step-parent, grandparent, or adult sibling-to exercise your time-sharing while you are gone. This helps maintain the child's bond with your side of the family. The court will grant this delegation if it determines it is in the child's best interest, as shown in cases like Overstreet v. Overstreet, 244 So. 3d 1182 (FL District Court of Appeal 2018), where military provisions for temporary caretaking authority were analyzed.

Reinstating the Original Plan Post-Deployment

Florida law ensures that you do not have to fight a massive legal battle to get your child back once your deployment ends. Under Fla. Stat. § 61.743(1) and Fla. Stat. § 61.749 for court orders, or Fla. Stat. § 61.761 for parental agreements, the temporary modification terminates upon your return. Usually, you must notify the other parent and the court of your return, and the original parenting plan and time-sharing schedule are reinstated. If the other parent refuses to return to the original schedule, you can file an emergency motion for enforcement at a local court like the Okaloosa County Circuit Court, Crestview.

Handling Base Transfers and Permanent Moves

A temporary deployment is different from a permanent change of station (PCS). If the military permanently transfers you to a base in another state, the protections for temporary deployment do not apply in the same way. Instead, you must go through the standard relocation process outlined in Fla. Stat. § 61.13001. You will need to file a formal petition to relocate the child and prove that the move is in their best interest, which can be challenging if the other parent objects.

How Much Does it Cost in Florida?

Filing for a temporary modification due to military deployment generally incurs standard court fees, but fee waivers exist for some service members.

How Long Does the Process Take?

Because deployments can happen on short notice, Florida courts are required to expedite hearings involving deployed parents. If parents agree on a temporary plan, a judge can sign off in a matter of days. If there is a dispute over delegating time-sharing to a step-parent, the court will hold a hearing as quickly as its docket allows, typically within a few weeks of filing.

Frequently Asked Questions (FAQ)