(1) After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue a temporary order granting custodial responsibility unless prohibited by the Servicemembers Civil Relief Act, Title 50, Appendix U.S.C. ss. 501 et seq. A court may not issue a permanent order granting custodial responsibility without the consent of the deploying parent.
(2)(a) At any time after a deploying parent receives notice of deployment, either parent may file a motion regarding custodial responsibility of a child during deployment. The motion must be filed in a pending proceeding for custodial responsibility in a court with jurisdiction under s. 61.707 or, if a pending proceeding does not exist in a court with jurisdiction under s. 61.707, the motion must be filed in a new action for granting custodial responsibility during deployment.
(b) If a motion to grant custodial responsibility is filed under paragraph (a) before a deploying parent deploys, the court shall conduct an expedited hearing.
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.