Child custody is complex in any divorce. When one parent is an active-duty service member, the stakes are even higher. Parents must plan for deployments, relocations, and the possibility that one party won’t be able to attend court in person. These scenarios introduce legal obligations that must align with both Florida law and federal protections—particularly the Servicemembers Civil Relief Act (SCRA).
The SCRA is designed to protect the legal rights of active-duty military members when civil proceedings, such as divorce and custody matters, intersect with their military obligations. Creating custody schedules that comply with SCRA not only safeguards the due process rights of service members but also ensures that parenting plans are enforceable and in the best interest of the child.
For parents in Tampa navigating divorce and military service, working with a knowledgeable Tampa divorce lawyer is critical. This article outlines how custody schedules can be designed to comply with the SCRA while preserving stability and fairness for both the child and parents.
What Is the Servicemembers Civil Relief Act (SCRA)?
The SCRA is a federal law that provides certain protections to active-duty military personnel who are involved in civil legal matters. This includes lawsuits, foreclosure actions, lease terminations—and importantly—family law proceedingssuch as child custody and time-sharing disputes.
Key protections include:
- The right to delay or stay court proceedings while on active duty,
- Protection from default judgments if a service member cannot appear,
- The ability to participate remotely under certain conditions,
- Deference from courts to accommodate military duty and deployments.
These protections are critical in ensuring that a service member does not lose parental rights due to their inability to appear in court or participate in custody planning. A Tampa divorce lawyer must build custody schedules that anticipate these challenges.
Why Custody Schedules Must Account for the SCRA
The goal of any custody schedule is to promote the best interest of the child while protecting each parent’s right to maintain a meaningful relationship with their child. When a parent is in the military, the schedule must also account for:
- Unexpected deployments,
- Changes in duty stations,
- Remote assignments,
- Inability to appear at short notice,
- Communications limitations while deployed.
Failing to incorporate the SCRA can result in custody schedules that are difficult or impossible for the service member to comply with. Worse, it may expose them to contempt motions, unfair enforcement, or modifications based on absence—not neglect.
A Tampa divorce lawyer with military family law experience can help create a parenting plan that includes SCRA-compliant provisions to avoid these outcomes.
Drafting Parenting Plans with Built-In Flexibility
When drafting a parenting plan involving a service member, flexibility is essential. Florida courts require that parenting plans be detailed, but they also must be realistic. Judges understand that military parents may not have predictable work schedules or control over deployment timing.
Common flexible provisions include:
- Alternative time-sharing schedules during deployment, such as front-loading time-sharing before departure or awarding compensatory time upon return.
- Virtual visitation clauses that permit scheduled video calls, emails, or recorded messages during periods when in-person time is not possible.
- Delegation clauses, allowing the military parent to designate a trusted family member (such as a grandparent or stepparent) to exercise their time-sharing rights during short-term absences.
These accommodations demonstrate to the court that both parents are prioritizing the child’s welfare while respecting the military member’s service obligations. A Tampa divorce lawyer can structure these clauses to ensure they are enforceable and consistent with Florida law and SCRA protections.
Understanding Stays Under the SCRA
Under 50 U.S.C. § 3932, a service member can request a stay of proceedings (a delay) if their military duties prevent them from appearing in court or participating in litigation.
To obtain a stay, the service member must:
- Submit a letter explaining how their duties affect their ability to participate in the case,
- Provide a letter from their commanding officer stating that leave is not authorized at the present time.
If granted, the initial stay lasts at least 90 days. Additional stays may be requested but are not automatic.
In custody matters, the court must balance the child’s needs with the service member’s rights. A well-prepared Tampa divorce lawyer will present this request early, with full documentation, and propose interim arrangements that preserve the child’s stability without penalizing the absent parent.
Avoiding Default Judgments in Custody Disputes
The SCRA also prohibits courts from entering default judgments against service members who are unable to appear due to active duty unless certain conditions are met.
If a service member does not respond to a custody petition, the court must:
- Appoint an attorney ad litem to represent the service member’s interests,
- Delay entering a default judgment until it confirms whether the absence is due to military service,
- Allow the service member to challenge the default upon return, under certain conditions.
This means that parenting plans cannot rely solely on the absence or non-response of the military parent. A Tampa divorce lawyer must ensure that any temporary orders are explicitly identified as non-permanent and subject to full review when the service member is able to participate.
Creating Temporary Parenting Plans During Deployment
Florida Statute § 61.13002 allows for temporary modifications to parenting plans when a parent is deployed. These orders automatically expire upon the parent’s return, unless both parties agree to make the changes permanent or the court finds a compelling reason to do so.
These temporary orders may:
- Shift primary time-sharing to the non-deployed parent,
- Permit virtual communication during deployment,
- Authorize substitute visitation with designated individuals.
Judges will not permanently modify a parenting plan based solely on deployment. A Tampa divorce lawyer will highlight this protection and ensure that the military parent’s rights are preserved in both temporary and final orders.
Incorporating Virtual Parenting Time
Virtual time-sharing is a critical component of custody schedules for military families. Courts view these arrangements favorably when in-person visitation is not feasible.
Virtual parenting plans should include:
- Technology requirements (e.g., Zoom, FaceTime, Skype),
- Frequency and duration of virtual visits,
- Scheduling flexibility, accounting for time zones and duty schedules,
- Privacy protections, ensuring that the virtual visit is not monitored or interrupted by the other parent.
These virtual sessions help preserve the emotional bond between parent and child, which judges recognize as a key part of long-term attachment and development.
A Tampa divorce lawyer can formalize these virtual visitation rights in a manner that carries the weight of a court order and can be enforced if necessary.
Designating Substitute Time-Sharing Recipients
Florida law permits a deployed parent to designate a relative or stepparent to exercise their time-sharing rights during their absence. This is not automatic—it must be ordered by the court and shown to be in the child’s best interest.
Factors judges consider include:
- The child’s prior relationship with the substitute,
- The substitute’s availability and willingness to participate,
- Potential disruption to the child’s routine or schooling,
- Any safety concerns or history of conflict.
This is a powerful tool, but it must be used carefully. A Tampa divorce lawyer can build a persuasive argument for substitute time-sharing that keeps the deployed parent involved through trusted intermediaries.
Crafting Reinstatement Clauses After Military Absence
When a deployment ends, the parenting plan should include a reinstatement clause. Florida law provides that original custody arrangements should resume automatically unless the court finds that doing so is no longer in the best interest of the child.
To avoid litigation, the parenting plan should spell out:
- A clear timeline for reinstatement (e.g., within 10 days of return),
- A transition schedule, especially if the child has been with the other parent long-term,
- Expectations regarding transportation and communication.
If the non-military parent refuses to comply, a Tampa divorce lawyer can file a motion to enforce the parenting plan and request sanctions or attorney’s fees if the refusal is unjustified.
Including SCRA Provisions in Parenting Plans
While the SCRA applies automatically under federal law, parenting plans should reference it explicitly to reduce future disputes. Suggested provisions include:
- Acknowledgment that temporary duty or deployment will not be used as a basis to modify custody permanently,
- A clause allowing for reasonable delays in responding to court proceedings due to active duty,
- Agreement to provide written notice of deployments or training with as much advance warning as possible,
- Language protecting the deployed parent’s right to participate virtually in custody-related hearings.
A Tampa divorce lawyer familiar with these clauses can draft a parenting plan that reduces ambiguity and supports long-term compliance by both parties.
Anticipating PCS Moves and Relocations
While SCRA primarily deals with deployments and legal proceedings, parenting plans should also anticipate Permanent Change of Station (PCS) moves.
Florida’s relocation statute requires notice and either:
- Consent from the other parent, or
- Court approval.
A custody schedule should detail:
- How much notice must be given before a relocation,
- How time-sharing will be adjusted post-move,
- How the relocating parent will handle transportation,
- Whether the non-relocating parent will receive extended holiday or summer time.
Even if PCS is not imminent, military parenting plans should include relocation protocols that align with both Florida law and the military member’s service requirements. A Tampa divorce lawyer will ensure these terms are practical and enforceable.
Avoiding Contempt Proceedings by Complying with SCRA
If a parenting plan is drafted without regard to SCRA protections and the military parent is later found in contempt for failing to comply, this can undermine the integrity of the court’s orders and damage the parent-child relationship.
Courts generally do not hold service members in contempt if:
- They were prevented from complying due to military orders,
- They made reasonable efforts to comply,
- They invoked SCRA protections appropriately and in good faith.
Nonetheless, service members must take proactive steps to communicate changes, request delays, and modify orders legally. A Tampa divorce lawyer can guide this process and help avoid unnecessary penalties.
Florida Judges’ Attitudes Toward Military Parents
Judges in Tampa understand the challenges faced by military parents. While they will always prioritize the child’s well-being, they do not view military service as a strike against the parent. What matters is the parent’s:
- Willingness to maintain contact,
- Effort to accommodate the child’s needs,
- Respect for the other parent’s role,
- Transparency about military obligations.
When custody schedules demonstrate cooperation and account for SCRA compliance, judges are more likely to approve the plan without modification. A Tampa divorce lawyer ensures that military parents are represented fairly and accurately.
FAQ: SCRA-Compliant Custody Schedules
Q: Can I still participate in custody hearings if I’m deployed?
A: Yes. Courts may allow virtual appearances, and you can request a delay under SCRA if military duties prevent participation.
Q: What happens to my parenting time during deployment?
A: A temporary plan will apply, and your original parenting schedule should resume upon your return unless the court decides otherwise.
Q: Can I ask the court to delay the custody case while I’m deployed?
A: Yes. The SCRA allows active-duty members to request a stay of proceedings with proper documentation.
Q: Does SCRA stop my ex from modifying custody while I’m gone?
A: Not entirely, but courts cannot enter default judgments or make permanent changes based solely on your deployment.
Q: Can I designate someone else to have my time-sharing while I’m deployed?
A: Possibly. The court must approve and find that the arrangement is in the child’s best interest.
Q: Is virtual visitation enforceable by the court?
A: Yes. If it’s ordered in the parenting plan, both parties must comply, or they risk enforcement actions.
Q: What if I miss court deadlines because of military duty?
A: You can request an extension under SCRA. Courts must accommodate legitimate delays caused by service obligations.
Q: Will I lose custody because of my military schedule?
A: No. Florida law protects against that. Custody decisions must focus on the child’s best interest, not penalize military service.
Q: Can my ex keep my child just because I’m deployed?
A: Only through a court-approved temporary plan. Permanent changes require evidence that they serve the child’s best interest.
Q: Should I include SCRA language in my parenting plan?
A: Absolutely. A Tampa divorce lawyer can draft language that integrates your legal protections into the plan itself.
The McKinney Law Group: Tampa Military Divorce Attorneys with the Experience to Guide You Forward
Military families face unique divorce challenges—jurisdiction, deployments, and federal protections. At The McKinney Law Group, we offer honest advice and practical strategies designed specifically for service members and their spouses in Tampa.
We provide guidance with:
✔ Understanding how Florida and federal law intersect in military divorce
✔ Dividing pensions, VA benefits, and Thrift Savings Plans
✔ Creating custody solutions that consider deployments and mobility
✔ Addressing legal complexities tied to PCS and relocation
✔ Building a forward-focused plan that meets your needs
Reach out at 813-428-3400 or [email protected] to schedule a consultation today.