(1) Upon the motion of a deploying parent and in accordance with general law, if it is in the best interest of the child, a court may grant temporary caretaking authority to a nonparent who is an adult family member of the child or an adult who is not a family member with whom the child has a close and substantial relationship. In the case of an adult who is not a family member with whom the child has a close and substantial relationship, the best interest of the child must be established by clear and convincing evidence.
(2) Unless a grant of caretaking authority to a nonparent is agreed to by the other parent, the grant is limited to an amount of time that may not exceed:
(a) The amount of time granted to the deploying parent under a permanent custody order; however, the court may add travel time necessary to transport the child; or
(b) In the absence of a permanent custody order that is currently in effect, the amount of time the deploying parent habitually cared for the child before being notified of deployment; however, the court may add travel time necessary to transport the child.
(3) If, due to the operational constraints of the deployment, or a portion thereof, the deploying parent is unable to exercise decisionmaking authority and if it is in the best interest of the child, a court may grant part of that authority to a nonparent who is an adult family member of the child or an adult who is not a family member with whom the child has a close and substantial relationship. In the case of an adult who is not a family member with whom the child has a close and substantial relationship, the best interest of the child must be established by clear and convincing evidence. A grant of decisionmaking authority to a nonparent must be narrowly drawn to the reasonably foreseeable needs of the child during the time that the deploying parent is unable to exercise such authority and must consider the role of the other parent. If a court grants the authority to a nonparent, the court shall specify the decisionmaking powers granted and the duration of such grant, which shall not exceed the length of time in which the deploying parent is unable to exercise decisionmaking authority. Except as otherwise specified in this subsection, the deploying parent retains his or her decisionmaking authority for the child during deployment.
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.