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Family Law

When Military Parents Deploy

Life in the military brings with it many uncertainties . . . especially involving your children.  If you are a divorced military parent, or if you and the parent of your child were never married, these uncertainties can be further compounded.  But just because you may no longer be married, or you may no longer have a relationship with the parent of your child, that doesn’t mean that you should lose the relationship you have with your child. In fact, the Florida legislature has enacted laws which are specifically designed to protect the relationship between military parents and their children, and to provide for who will care for the children if the military parent is the primary timesharing parent, but is then deployed.

Contact us today for a consultation about how your military service may impact your timesharing.

Protections for Military Parents Under Florida Law

Section 61.13002, Florida Statutes, entitled “Temporary time-sharing modification and child support modification due to military service,” specifically addresses such situations. This statute provides numerous protections and rights to military parents.  One of the protections is that the Court may not use the military parent’s deployment as the sole basis to make a permanent change in the existing timesharing order/judgment.  Further, if the Court does temporarily modify timesharing due to the deployment or activation of the military parent, the Court is also to:

  • provide for contact between the military parent and the child, including, electronic communication by webcam, telephone, or other available means of communication
  • order liberal time-sharing for the military parent during periods of leave from the deployment/activation, in order to maintain the parent-child bond during the parent’s military service    
  • provide that once the deployment or activation is over the Court should reinstate the timesharing order/judgment previously in effect

Contact us today for a consultation about how your military service may impact your timesharing.

Designation of Family Members to Exercise the Military Parent’s Timesharing

In some circumstances the deployment/activation of the military parent will result in the military parent having the right to designate his/her family members to exercise the timesharing which the military parent is unable to exercise due to the military service.

The other parent is only allowed to object to the designation if it is not in the best interest of the child to visit with the designated persons. If the parties cannot agree, the Court is to determine the issue on an expedited basis.

If you are a military parent facing deployment/activation, contact us for a consultation now to see how we can help.

Contact us today for a consultation about how your military service may impact your timesharing.

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