(1) The parents of a child may enter into a temporary agreement granting custodial responsibility during deployment.
(2) The agreement must be in writing and signed by both parents and any agreed-upon nonparent granted custodial responsibility during deployment.
(3) Subject to subsection (4), the agreement, if feasible, must:
(a) To the extent permissible, identify the destination, duration, and conditions of the deployment that is the basis for the agreement.
(b) Specify the allocation of caretaking authority among the deploying parent, the other parent, and any agreed-upon nonparent.
(c) Specify any decisionmaking authority that accompanies a grant of caretaking authority.
(d) Specify any grant of limited contact to an agreed-upon nonparent.
(e) Provide a process to resolve any dispute that may arise if custodial responsibility is shared by the other parent and an agreed-upon nonparent, or by other agreed-upon nonparents.
(f) Specify the frequency, duration, and means, including electronic means, by which the deploying parent will have contact with the child, any role to be played by the other parent or agreed-upon nonparent in facilitating the contact, and the allocation of any costs of contact.
(g) Specify contact between the deploying parent and child during the time the deploying parent is on leave or is otherwise available.
(h) Acknowledge that the agreement does not modify any existing child support obligation and that changing the terms of the obligation during deployment requires modification in the appropriate court.
(i) Provide that the agreement will terminate according to the procedures under this part after the deploying parent returns from deployment or as otherwise agreed upon in writing or in a record by the deploying parent and the other parent.
(j) Specify which parent is required to file the agreement if the agreement must be filed with the court pursuant to s. 61.729.
(4) The omission of any item in subsection (3) does not invalidate the agreement.
History.—s. 1, ch. 2018-69.
Structure Florida Statutes
Title VI - Civil Practice and Procedure
Chapter 61 - Dissolution of Marriage; Support; Time-Sharing
Part IV - Uniform Deployed Parents Custody and Visitation Act (Ss. 61.703-61.773)
61.705 - Remedies for noncompliance.
61.709 - Notice requirement for deploying parent.
61.711 - Duty to notify of change of address.
61.713 - General consideration in custody proceeding of parent’s service.
61.721 - Form of temporary custodial responsibility agreement.
61.723 - Nature of authority created by temporary custodial responsibility agreement.
61.725 - Modification of agreement.
61.729 - Filing custodial responsibility agreement or power of attorney with court.
61.733 - Proceeding for temporary custody order.
61.735 - Testimony by electronic means.
61.737 - Effect of prior judicial order or agreement.
61.739 - Grant of temporary caretaking authority to nonparent.
61.741 - Grant of limited contact.
61.743 - Nature of authority created by temporary custody order.
61.745 - Content of temporary custody order.
61.747 - Order for child support.
61.761 - Procedure for terminating temporary agreement granting custodial responsibility.
61.763 - Visitation before termination of temporary grant of custodial responsibility.
61.771 - Relation to electronic signatures in Global and National Commerce Act.