Introduction
For service members in Tampa, balancing military obligations with parental responsibilities can be incredibly complex. Military parents often face unique challenges in custody and timesharing matters, especially when deployments, PCS (permanent change of station) orders, or other duty assignments interfere with their court-ordered parenting schedule. Many military parents fear that their inability to exercise custody or visitation due to their service obligations could result in penalties, reduced rights, or even a modification of their parenting plan.
Fortunately, both Florida law and federal law provide specific protections for military parents. Courts are not permitted to penalize a parent for absences caused by their military duties. However, these protections have limits and must be properly asserted to be effective. Failure to communicate, comply with procedural requirements, or act in the child’s best interests could still affect a parent’s rights.
A Tampa divorce lawyer experienced in military family law understands the nuances of custody enforcement, the legal protections available to service members, and how to navigate temporary modifications that may be necessary due to military orders. This article explores whether and when a military parent can be penalized for missing custody due to service, what legal tools are available to protect parental rights, and how Tampa courts approach these complex situations.
Florida Law on Custody and Military Service
Florida courts use the term “time-sharing” rather than custody. Parenting plans in Florida must comply with the best interests of the child standard, which includes consideration of each parent’s ability to maintain a close and continuing relationship with the child.
Section 61.13002 of the Florida Statutes specifically addresses military service and parental responsibility. It states that a military parent’s deployment, activation, or temporary assignment shall not be the sole factor in determining a change in parenting plans or time-sharing.
This means that a parent cannot lose custody just because they are deployed or assigned elsewhere. However, if there are other factors—such as a failure to communicate or lack of stability—those could be considered.
A Tampa divorce lawyer will use this statute to defend against improper motions to modify time-sharing during or after military absence.
Federal Protections: The Servicemembers Civil Relief Act (SCRA)
The Servicemembers Civil Relief Act (SCRA) is a federal law that protects active-duty service members from default judgments and allows for stays (delays) in civil proceedings, including family law matters.
Under the SCRA:
- Military parents may request a stay of proceedings if their ability to appear in court is affected by military duties.
- Courts must grant an initial 90-day stay if properly requested.
- Additional stays may be granted at the court’s discretion.
The SCRA does not automatically prevent modifications to parenting plans, but it gives service members the time to appear, respond, or request temporary relief. A Tampa divorce lawyer will file the appropriate SCRA notices and motions to ensure the court honors the military parent’s rights during deployment or relocation.
Temporary Modifications for Deployment
Florida law allows for temporary modifications to parenting plans during military deployments. These modifications are not considered permanent and are intended to provide continuity and stability for the child.
Key aspects of temporary modification:
- A military parent can designate a family member to exercise their timesharing rights during deployment.
- Upon return from deployment, the original parenting plan must be reinstated unless a court finds that doing so is not in the child’s best interest.
- The court cannot permanently modify the plan solely due to the parent’s absence for service.
These provisions are crucial to ensuring that service members are not penalized for fulfilling their military obligations. A Tampa divorce lawyer can assist in filing for temporary delegation of time-sharing and ensuring post-deployment reinstatement.
Can the Court Reduce Parenting Time Because of Military Absences?
In most cases, no. Florida law is clear that military service alone is not sufficient reason to reduce parenting time. Courts cannot presume that a parent who is frequently deployed is unfit or incapable of parenting.
However, a court may consider other factors in evaluating whether a modification is appropriate:
- Has the military parent failed to stay in contact with the child?
- Is the parent unable to provide a stable home environment due to frequent relocations?
- Has the other parent provided consistent care during the absence?
In high-conflict cases, opposing parties may argue that the military parent’s absences create instability. A Tampa divorce lawyer will combat these arguments by demonstrating that the parent remains engaged, communicates regularly, and has a plan for exercising time-sharing upon return.
Case Example: Deployed Parent Retains Rights
Consider a Tampa military parent deployed for nine months to the Middle East. The other parent, who had temporary full-time custody during that period, filed to make the arrangement permanent, claiming the child had become accustomed to the new routine.
The court rejected the petition, noting that:
- The original parenting plan provided for temporary absence.
- The deployed parent remained in communication via video calls and letters.
- There was no showing that reinstating the original schedule would harm the child.
This case illustrates that courts respect prior parenting orders and are reluctant to make permanent changes based solely on military-related absence. A Tampa divorce lawyer presented the evidence of consistent contact and preserved the military parent’s rights.
Delegation of Time-Sharing During Deployment
Florida law permits a deployed parent to temporarily transfer their timesharing to a family member or stepparent with whom the child has a close relationship. This helps preserve continuity and supports the military parent’s ongoing involvement.
Conditions for delegation:
- The designee must be approved by the court.
- The arrangement must be in the best interests of the child.
- The military parent must provide sufficient notice to the other parent and the court.
Courts may be more inclined to approve delegation when the child already has a strong bond with the proposed temporary guardian.
A Tampa divorce lawyer can draft and file the required motion and supporting affidavit, including evidence of the child’s relationship with the designated adult.
Communication with the Child During Absence
Maintaining contact during deployment is essential. Even if a parent cannot exercise physical time-sharing, consistent communication shows continued involvement. Methods include:
- Scheduled video calls
- Emails or letters
- Recorded video messages
- Online games or educational activities
Documenting these interactions helps refute claims of disengagement. A Tampa divorce lawyer may request that parenting plans include communication schedules during deployment and require cooperation from the other parent.
Opposing Parent’s Attempts to Exploit Military Absence
Unfortunately, some parents attempt to use a service member’s deployment to gain permanent custody or block future time-sharing. Tactics may include:
- Filing emergency motions while the parent is deployed
- Refusing to facilitate communication
- Denying information about the child’s school or health
- Attempting to modify the parenting plan without notice
Florida law disfavors these tactics, and courts are unlikely to reward bad-faith behavior. A Tampa divorce lawyer can file motions to enforce the existing plan, seek contempt for non-compliance, and ensure that the military parent’s service is not used against them unfairly.
Returning From Deployment: Reinstating Parenting Rights
Upon return, the military parent is entitled to resume the time-sharing schedule set forth in the original parenting plan. The other parent may not unilaterally refuse to return to the prior arrangement unless there is a court order.
The process for reinstatement includes:
- Filing a notice of return and request to reinstate the parenting plan
- Providing evidence that reinstatement is in the child’s best interest
- Scheduling a hearing if the other parent contests
A Tampa divorce lawyer can guide returning service members through this process, file the necessary pleadings, and defend against opposition rooted in temporary arrangements.
Contempt and Enforcement Actions
If the other parent violates the parenting plan or refuses to cooperate during deployment or upon return, enforcement actions may be necessary.
The court can:
- Hold the non-compliant parent in contempt
- Award make-up time-sharing
- Modify the plan to include additional safeguards
- Order attorney’s fees for the military parent
A Tampa divorce lawyer will document violations, preserve records, and file appropriate motions to protect the service member’s rights and maintain fairness.
Preventive Planning in Military Parenting Plans
A well-crafted parenting plan should anticipate military service and include:
- Clauses addressing deployment, activation, and PCS moves
- Provisions for notice and communication
- Temporary delegation of time-sharing rights
- Procedures for reinstatement post-deployment
- Guidelines for communication during absence
When both parents agree on the structure and include military contingencies from the beginning, courts are more likely to uphold and enforce the plan.
A Tampa divorce lawyer experienced in drafting military parenting plans will ensure the document includes strong, enforceable protections for service members.
Can the Court Transfer Custody Due to Frequent PCS Moves?
PCS orders may require a parent to move every few years. This can affect schooling, stability, and continuity of care. Florida courts may evaluate whether frequent relocations negatively impact the child’s well-being.
However, PCS moves are not penalized by default. The court considers:
- The child’s adjustment to new schools or communities
- The service member’s efforts to maintain stability
- Access to extended family or support systems
- The service member’s ability to accommodate the child’s needs
In relocation cases, the best interests of the child standard still applies. A Tampa divorce lawyer can help service members present relocation plans that demonstrate continuity and support, rather than disruption.
Long-Term Impact of Service-Related Absences on Custody
Military service should not prevent a parent from maintaining a meaningful relationship with their child. Courts recognize the value of honoring those who serve while also protecting the child’s needs.
Over time, if a parent fails to communicate, misses significant parenting time without making alternative arrangements, or returns from deployment and disengages, those behaviors—not the military service—could influence court decisions.
A Tampa divorce lawyer will help military parents stay connected, document involvement, and respond proactively to changes in circumstances that could affect time-sharing.
FAQ: Can a Military Parent Be Penalized for Missing Custody Due to Orders?
Can a Florida court reduce my custody because I’m deployed?
No. Florida law prohibits courts from penalizing a parent for absences due to deployment, activation, or temporary duty assignments.
Can I lose custody because I move frequently for military service?
Not automatically. Courts will consider how the moves affect the child, but service-related relocations are not penalized.
What happens to my parenting time during deployment?
You can request a temporary modification or delegate time-sharing to a trusted adult, such as a grandparent or stepparent.
Will the parenting plan automatically go back to normal when I return?
Yes, unless the court finds reinstatement is not in the child’s best interests. You must file a notice and request reinstatement.
Can the other parent change the parenting plan while I’m away?
Not without court approval. Attempts to modify without notice or consent may be challenged and reversed.
How can I communicate with my child during deployment?
Use video calls, email, recorded messages, or other tools. Include communication terms in the parenting plan.
What if the other parent blocks contact during my deployment?
You can file a motion to enforce the parenting plan and seek contempt. Courts take interference seriously.
Can I appoint someone to use my parenting time while I’m gone?
Yes, with court approval. Florida allows temporary delegation of time-sharing to a relative or stepparent.
Do I need a lawyer to protect my parenting rights during deployment?
Yes. A Tampa divorce lawyer ensures your legal rights are protected and that all court procedures are followed.
Does the Servicemembers Civil Relief Act stop custody proceedings?
It can delay them. You may request a stay if your military duties affect your ability to participate in court proceedings.
Florida law respects and protects military parents from being penalized simply because they serve. Deployments, relocations, and temporary absences are part of military life, and courts are not allowed to use them as the basis for permanent custody changes. However, these protections must be actively asserted and properly managed. With the help of a skilled Tampa divorce lawyer, military parents can preserve their parenting rights, stay connected to their children, and return from service with their family relationships intact.
The McKinney Law Group: Legal Guidance for Every Phase of Divorce in Tampa
At The McKinney Law Group, we help clients face divorce with strength and preparedness. Our Tampa divorce attorneys offer clear, honest legal advice tailored to your situation—so you can move forward with confidence.
We provide representation for:
✔ Filing contested or uncontested divorces
✔ Dividing real estate, retirement, and marital assets
✔ Establishing or challenging alimony and support
✔ Creating custody arrangements that prioritize your child
✔ Handling post-divorce enforcement and modification
Call 813-428-3400 or email [email protected] to speak with a divorce lawyer today.