61.703 Definitions.—As used in this part: (1) “Adult” means an individual who has attained 18 years of age or who has had the disability of nonage removed under chapter 743. (2) “Caretaking authority” means the right to live with and care for a child on a day-to-day basis. The term includes physical custody, parenting time, right to access, […]
61.705 Remedies for noncompliance.—In addition to other remedies authorized by general law, if a court finds that a party to a proceeding acts in bad faith or intentionally fails to comply with this part or a court order issued under this part, the court may assess any remedies under this chapter against the party, and order […]
61.707 Jurisdiction.— (1) A court may issue an order regarding custodial responsibility only if the court has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act. (2) For purposes of the Uniform Child Custody Jurisdiction and Enforcement Act, the residence of the deploying parent does not change by reason of the deployment if: (a) A court has issued […]
61.709 Notice requirement for deploying parent.— (1) Except as otherwise provided in subsection (3), and subject to subsection (2), a deploying parent shall notify in a record to the other parent: (a) A pending deployment not later than 7 days after receiving notice of deployment unless he or she is reasonably prevented from doing so by the circumstances […]
61.711 Duty to notify of change of address.— (1) Except as otherwise provided in subsection (2), an individual granted custodial responsibility during deployment must notify the deploying parent and any other individual with custodial responsibility of a child of any change of mailing address or residence until the grant is terminated. The individual must provide the notice […]
61.713 General consideration in custody proceeding of parent’s service.—In a proceeding for custodial responsibility of a child of a servicemember, a court may not consider a parent’s past deployment or possible future deployment in determining the best interest of the child. History.—s. 1, ch. 2018-69.
61.721 Form of temporary custodial responsibility agreement.— (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, […]
61.723 Nature of authority created by temporary custodial responsibility agreement.— (1) An agreement granting custodial responsibility during deployment is temporary and terminates after the deploying parent returns from deployment unless the agreement has been terminated in a record or by a written agreement signed by both the deploying parent and the other parent, or, in the absence […]
61.725 Modification of agreement.— (1) The parents of a child may modify an agreement granting temporary custodial responsibility by mutual consent and without the consent of any nonparent. (2) If an agreement is modified before deployment of a deploying parent, the modification must be in writing and signed by both parents and, if applicable, any agreed-upon nonparent granted […]
61.727 Power of attorney.—A deploying parent may, by power of attorney, grant all or part of custodial responsibility to an adult nonparent for the period of deployment if no other parent possesses custodial responsibility, or if a court order currently in effect prohibits contact between the child and the other parent. The deploying parent may revoke […]
61.729 Filing custodial responsibility agreement or power of attorney with court.—An agreement or power of attorney must be filed within a reasonable time with a court that has entered an order in effect relating to custodial responsibility or child support concerning the child who is the subject of the agreement or power. The case number and […]
61.733 Proceeding for temporary custody order.— (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 […]
61.735 Testimony by electronic means.—In a proceeding for a temporary custody order, a deploying parent or servicemember witness who is not reasonably able to appear in person may appear, provide testimony, and present evidence by telephonic, electronic, or web-based means. The deploying parent or servicemember witness must be sworn in by an officer authorized to administer […]
61.737 Effect of prior judicial order or agreement.—In a proceeding for a temporary grant of custodial responsibility: (1) A prior judicial order granting custodial responsibility in the event of deployment is binding on the court unless circumstances meet the requirements authorized by general law for modifying a judicial order regarding custodial responsibility. (2) The court shall enforce a […]
61.739 Grant of temporary caretaking authority to nonparent.— (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 […]
61.741 Grant of limited contact.—A court shall grant limited contact to a nonparent who is a family member of the child or an individual who is not a family member with whom the child has a close and substantial relationship on motion of a deploying parent and in accordance with general law unless the court finds […]
61.743 Nature of authority created by temporary custody order.— (1) A grant of authority is temporary and terminates after the deploying parent returns from deployment unless the grant has been terminated before the return of the deploying parent in a record or by a written agreement signed by both the deploying parent and the other parent, or, […]
61.745 Content of temporary custody order.—An order granting custodial responsibility, when applicable, must: (1) Designate the order as temporary and provide for termination after the deploying parent returns from deployment. (2) To the extent permissible, identify the destination, duration, and conditions of the deployment. (3) Specify the allocation of caretaking authority, decisionmaking authority, or limited contact among the deploying […]
61.747 Order for child support.—If a court has issued an order granting caretaking authority, or an agreement granting caretaking authority has been executed, the court may enter a temporary order for child support authorized by general law if the court has jurisdiction under the Uniform Interstate Family Support Act. If a temporary order for child support […]
61.749 Modifying or terminating temporary grant of custodial responsibility or limited contact to nonparent.— (1) Except for an agreement under s. 61.723, or as otherwise provided in subsection (2), and consistent with the Servicemembers Civil Relief Act, Title 50, Appendix U.S.C. ss. 501 et seq., a court may modify or terminate a temporary grant of custodial responsibility […]
