Military Timesharing And Deployment
Posted By Posted by Garrett Riley on Aug 6, 2012 11:45am PDT || Aug 6, 2012
Florida Statute 61.13002 involves temporary modification of timesharing, (or custody), and child support due to military service. While we have blogged before about the part of the statute that allows a military serviceperson to designate a member of their family to exercise timesharing on their behalf if they are being deployed, there is another part of the statute that allows for temporary modification of that timesharing.
According to the statute, if there is clear and convincing evidence that a temporary modification of timesharing would be in the best interests of the child, a judge may modify the Parties’ timesharing schedule. This is important in cases where the majority timesharing parent is the military service member who is being deployed because one of two things could happen in regards to timesharing for the child or children involved. Either the military service member being deployed assigns a family member their majority timesharing, or the other parent could seek majority timesharing for the time period that the service member will be deployed.
Ultimately, the judge is empowered to make the final decision in these cases, but it is important to think ahead and take early action in resolving disputes under 61.13002. If you are in the military, ensure that this statute is addressed specifically in your Parenting Plan and that contingency plans are spelled out within your Parenting Plan regarding specifics for the child or children lives in the event of deployment and/or relocation.