Blog
How Military Deployment Affects Custody and Child Support in Florida
Military deployment can create parenting challenges that most Florida families never have to consider.
What happens to the time-sharing schedule while a parent is deployed? Can someone else spend time with the child on behalf of the deployed parent? What happens to child support? And can deployment itself be used against a military parent in a custody dispute?
Florida has specific laws addressing these situations.
Florida’s Uniform Deployed Parents Custody and Visitation Act provides procedures for temporary parenting arrangements when a servicemember is deployed while also protecting the relationship between the deployed parent and child.
This guide explains those rules in plain English and how military deployment can interact with parenting plans, time-sharing and child support in Florida.
Does Deployment Mean a Parent Loses Custody or Time-Sharing?
No. Deployment does not automatically mean a military parent loses parental rights or permanently loses time with a child.
Florida law specifically addresses temporary custodial arrangements during deployment.
Florida also provides that, in a proceeding involving custodial responsibility for the child of a servicemember, the court may not consider a parent’s past deployment or possible future deployment when determining the child’s best interests.
That protection is important for military parents whose service may require repeated deployments throughout their careers.
Florida Has Special Laws for Deployed Parents
Florida’s Uniform Deployed Parents Custody and Visitation Act appears in Chapter 61, Part IV of the Florida Statutes.
The law uses the term custodial responsibility. That is broader than simply where a child stays. It can include caretaking authority, decision-making authority, parental responsibility, parenting time, time-sharing, visitation and certain contact with a child.
The Act establishes procedures parents can use to make temporary arrangements while a servicemember is deployed.
A Deploying Parent Generally Has to Give Notice
Florida law generally requires a deploying parent to notify the other parent of a pending deployment no later than 7 days after receiving notice of the deployment.
If the circumstances of military service reasonably prevent the parent from providing notice within that period, notice must be provided as soon as reasonably possible.
The deploying parent must also provide a proposed plan for how the parents’ custodial responsibilities will be handled during deployment as soon as reasonably possible.
Florida law contains additional provisions for situations in which disclosure of a parent’s address or contact information is prohibited by court order.
Parents May Be Able to Agree on a Temporary Deployment Plan
Parents do not necessarily have to wait for a judge to design every aspect of the temporary parenting arrangement.
Florida law allows parents to enter into a written temporary agreement granting custodial responsibility during deployment.
Depending on the family’s circumstances, a deployment agreement can address issues such as:
- How caretaking responsibilities will be handled during deployment
- Decision-making authority
- Any agreed involvement of a nonparent
- How often the deployed parent will communicate with the child
- Video calls and other electronic communication
- Contact when the deployed parent is on leave or otherwise available
- How disputes concerning the temporary arrangement will be handled
- How the temporary arrangement will end after the parent returns
Planning for these issues before deployment can reduce uncertainty for both parents and, most importantly, for the child.
Can a Family Member Exercise Time With the Child During Deployment?
Florida law provides mechanisms that may allow certain custodial responsibility or limited contact to be granted to a nonparent during deployment.
But this is more specific than simply saying that a deployed parent can “give their visitation” to a grandparent or another relative.
The appropriate procedure and what authority can be granted depend on the circumstances, the existing parenting arrangement and the requirements of Florida law.
For example, Florida law also provides for a power of attorney in certain circumstances when no other parent possesses custodial responsibility or when an existing court order prohibits contact between the child and the other parent.
Because these arrangements can affect existing court-ordered parenting rights, parents who need to establish or contest such an arrangement should consider obtaining advice from a licensed Florida family-law attorney.
Temporary Court Orders During Deployment
If the parents cannot reach an agreement, Florida law allows either parent to seek a temporary court order concerning custodial responsibility during deployment.
When a motion is filed before the deploying parent leaves, Florida law provides for an expedited hearing.
A deployment-related order is intended to address the temporary circumstances created by military service.
Florida law provides that a court may not issue a permanent order granting custodial responsibility during the deployment without the deploying parent’s consent under this deployment proceeding.
Florida Law Protects Communication Between the Deployed Parent and Child
Today’s military families have communication options that were not available to earlier generations of deployed parents.
Florida’s deployment law specifically recognizes electronic communication.
When applicable, a temporary custody order must provide for liberal communication between the deploying parent and child during deployment, including through electronic means, unless that communication is not in the child’s best interests.
A temporary arrangement may therefore address things such as video calls, telephone calls and other electronic contact while the parent is away.
What Happens When the Military Parent Is on Leave?
Florida’s deployment law also recognizes that a servicemember may have periods of leave or other opportunities to be physically present with the child during deployment.
Temporary deployment orders can provide for liberal contact between the deploying parent and child while the parent is on leave or otherwise available, unless that contact would not be in the child’s best interests.
What Happens to Child Support During Deployment?
Deployment does not automatically cancel or change an existing child support obligation.
In fact, Florida’s statutory form for temporary deployment agreements specifically contemplates acknowledging that the agreement itself does not modify an existing child support obligation.
If the terms of an existing child support obligation need to change during deployment, that requires modification through the appropriate court.
Florida’s deployment law also allows a court with the appropriate jurisdiction to enter certain temporary child-support orders when custodial responsibility has been temporarily granted.
Depending on the circumstances, that can include temporary support from the deploying parent, requirements involving military-dependent benefits, or temporary changes to the other parent’s support obligation.
If you’re looking for a broader explanation of support in a Florida divorce, see our Parenting Plans and Child Support in Florida guide.
Military Pay Can Make Child Support More Complicated
Military compensation can include more than basic pay.
Depending on the servicemember and assignment, compensation or benefits may include allowances or special forms of pay.
That does not mean deployment automatically creates a child-support modification. Existing support should not simply be changed informally because military income has changed.
If parents disagree about what income should be included or whether an existing support order should be modified, that is a legal issue that may require advice from an attorney or a determination by the court.
Deployment and Relocation Are Not the Same Thing
This is an important distinction.
A military parent’s deployment does not automatically mean the child is relocating with that parent.
Florida has a separate statute governing parental relocation with a child. Under Florida law, “relocation” generally refers to a qualifying change in the child’s principal residence of at least 50 miles for at least 60 consecutive days, subject to the statutory definition and exceptions.
If a parent wants to move the child’s principal residence because of military orders or for another reason, the Florida relocation statute may need to be considered separately from the deployment provisions discussed on this page.
Relocation disputes can significantly affect parental rights, so someone facing a contested relocation should consider speaking with a licensed Florida family-law attorney.
What Happens When the Parent Returns From Deployment?
The deployment arrangements created under Florida’s special military-parent provisions are temporary.
Florida law provides procedures for terminating temporary agreements and orders after the deploying parent returns.
For example, in the absence of an agreement providing otherwise, a temporary agreement granting custodial responsibility generally terminates 30 days after the deploying parent gives the other parent notice of return from deployment.
The statutes also provide procedures governing temporary court orders and contact during the period following the parent’s return.
The Servicemembers Civil Relief Act Can Protect a Parent’s Ability to Participate in Court
Federal law also provides important protections for servicemembers involved in civil court proceedings.
The Servicemembers Civil Relief Act (SCRA) can allow a servicemember to obtain a stay of a civil proceeding, including a child-custody proceeding, when military duties materially affect the servicemember’s ability to appear and the statutory requirements for the stay are met.
An initial stay under the applicable provision is generally at least 90 days when the required conditions are satisfied.
The SCRA does not automatically make a divorce or parenting case disappear. Its purpose includes protecting a servicemember’s opportunity to participate when military service materially interferes with that ability.
Planning Ahead for Deployment in a Parenting Plan
Military families often know that deployment, training or reassignment may become part of life even when they do not know exactly when it will happen.
When parents are creating a parenting plan, thinking ahead about military service can help identify practical issues such as:
- How the parents will communicate about deployment
- How the child’s routine will be handled while a parent is away
- Electronic communication between the child and deployed parent
- Contact during military leave
- Transportation and exchanges after return
- How unexpected changes in military schedules will be communicated
If you are working through the practical details of a Florida parenting plan, see our Creating a Parenting Plan in Florida guide.
Military Deployment and the Best Interests of the Child
Florida’s general parenting laws focus on the child’s best interests when a court must establish or modify a parenting arrangement.
Military families also receive the deployment-specific protections discussed above, including Florida’s rule that a parent’s past deployment or possible future deployment may not be considered in determining the child’s best interests in a custodial-responsibility proceeding involving a servicemember’s child.
For a broader explanation of Florida’s best-interest factors, read Best Interests of the Child in a Florida Divorce.
Getting Divorced While One Parent Is Deployed
A deployment does not necessarily mean a Florida divorce has to wait until the servicemember returns.
But military service can affect how documents are signed, how the servicemember participates, how parenting arrangements are structured and how court proceedings move forward.
When both spouses have reached the necessary agreements, Divorce in Florida Online can prepare divorce documents based on the information and decisions the parties provide.
We are non-attorney divorce document preparers. We do not advise either parent about what custodial arrangement to request, represent servicemembers in SCRA proceedings, determine whether someone qualifies for a stay, or represent either party in a contested parenting or child-support dispute.
Tell Us About Your Situation
If you are getting divorced in Florida and military deployment is part of the situation, tell us a little about what’s happening.
We’ll review your answers and determine whether one of our divorce document-preparation processes may fit your circumstances.
Tell Us About Your SituationFrequently Asked Questions About Military Deployment, Custody and Support in Florida
Can deployment cause a military parent to permanently lose custody?
Deployment does not automatically cause a parent to permanently lose parental rights or time-sharing. Florida has special procedures for temporary custodial arrangements during deployment, and a court acting under the deployment statute may not issue a permanent order granting custodial responsibility without the deploying parent’s consent.
How quickly does a military parent have to notify the other parent about deployment?
Florida law generally requires the deploying parent to give notice of a pending deployment no later than seven days after receiving deployment notice, unless circumstances of service reasonably prevent that. In that situation, notice must be provided as soon as reasonably possible.
Can a deployed parent video call their child?
Florida’s deployment law specifically recognizes electronic communication. Temporary court orders, when applicable, provide for liberal communication between the deployed parent and child, including electronic means, unless it would not be in the child’s best interests.
Does child support automatically stop during deployment?
No. A temporary deployment agreement does not itself modify an existing child-support obligation. Changing an existing obligation requires modification through the appropriate court.
Can someone else exercise parenting responsibilities while a parent is deployed?
Florida law provides procedures that can allow certain temporary custodial responsibility or limited contact to be granted to a nonparent during deployment. The available procedure and scope of authority depend on the circumstances.
Can military deployment be used against a parent in a Florida custody case?
Florida law provides that a court may not consider a parent’s past deployment or possible future deployment when determining the best interests of a servicemember’s child in a proceeding for custodial responsibility.
Can the SCRA delay a Florida custody or divorce proceeding?
The Servicemembers Civil Relief Act can provide a stay in a civil proceeding, including a child-custody proceeding, when military duty materially affects the servicemember’s ability to participate and the statutory requirements are satisfied. It is not an automatic indefinite delay of every case involving a servicemember.
Watch: Military Deployment, Custody and Support
Florida Laws Used for This Guide
This guide discusses Florida’s Uniform Deployed Parents Custody and Visitation Act, located in Chapter 61, Part IV of the Florida Statutes, along with Florida’s general parenting, child-support and relocation laws and the federal Servicemembers Civil Relief Act.
Because military-family cases can involve both Florida and federal law, servicemembers and parents who need legal advice about their individual rights should consult a qualified attorney.
Legal Disclaimer
Disclaimer: The information on this website is provided for general informational and educational purposes only and should not be construed as legal advice. Divorce in Florida Online is not a law firm, and no attorney-client relationship is created by the use of this website or its content. We do not provide legal advice or legal representation. Laws and procedures vary by case and may change over time. For legal advice regarding your individual circumstances, you should consult with a qualified, licensed attorney.
“`