Child custody disputes are already emotionally and legally complex, but when one parent is an active-duty military servicemember facing deployment, additional layers of federal and state law come into play. These cases require careful planning, tailored time-sharing arrangements, and court-approved contingencies that account for the realities of military life.
In Florida, special statutory provisions exist to address the rights and responsibilities of deployed parents. Understanding how courts handle deployment in custody cases is essential to ensuring that a parent’s service does not unfairly disrupt their parental relationship or lead to permanent loss of time-sharing. A skilled Tampa divorce attorney can help ensure that custody agreements or court orders are structured to support both the child’s best interests and the servicemember’s rights during periods of deployment.
This article explores the legal framework, practical issues, and strategic considerations involved in managing child custody for deployed parents, with a focus on Tampa courts and Florida law.
Overview of Legal Framework
Florida law acknowledges the unique needs of military families. Chapter 61 of the Florida Statutes, specifically sections 61.13002 and 61.13004, governs custody and time-sharing when a parent is activated, deployed, or temporarily assigned to military service that materially affects their ability to care for their child.
These statutes ensure that:
- Deployment does not result in permanent loss of custody or time-sharing.
- The deployed parent can request temporary modifications during the period of service.
- The court will revisit the parenting plan upon the parent’s return.
A Tampa divorce attorney handling custody matters for deployed parents must be fluent in these provisions and their interaction with both federal military protections and Florida’s “best interest of the child” standard.
Deployment and the Best Interest Standard
Florida courts base all custody and time-sharing decisions on the best interests of the child. While deployment presents logistical challenges, it is not a reason by itself to reduce or revoke a parent’s custody rights permanently. Judges will evaluate whether temporary adjustments are necessary while also preserving the long-term bond between the deployed parent and the child.
Factors considered by the court include:
- The anticipated length and nature of the deployment
- The ability to maintain communication during deployment
- The stability and suitability of the proposed temporary caregiver
- The previous relationship between the child and each parent
- The overall emotional and developmental needs of the child
A Tampa divorce attorney representing a deployed parent must be prepared to present evidence that the proposed temporary arrangement supports continuity, minimizes disruption, and allows the deployed parent to remain actively involved in the child’s life from afar.
Temporary Modifications of Time-Sharing During Deployment
Under Florida Statutes § 61.13002, either parent may file a motion for temporary modification of the parenting plan due to deployment. This motion must demonstrate that the service materially affects the parent’s ability to exercise time-sharing rights.
Key points of a temporary modification order include:
- It does not create a permanent change in the parenting plan.
- The deployed parent may designate a family member to exercise their time-sharing rights during their absence.
- The court must review the arrangement to ensure it is in the best interest of the child.
- The original time-sharing schedule is restored upon return from deployment, unless the court finds it is no longer in the child’s best interest.
These modifications can apply to both long-term deployments and shorter assignments if they interfere with the regular time-sharing schedule.
Designating Substitute Time-Sharing During Deployment
Florida allows a deployed parent to request that another person—usually a grandparent, sibling, or other close relative—be temporarily granted their parenting time while they are away. This helps maintain continuity and keeps the child connected to the deployed parent’s side of the family.
Courts evaluate whether the proposed individual is:
- A blood relative or person with a close emotional bond to the child
- Physically and emotionally capable of providing care
- Available to support the child during the time-sharing period
- Willing to promote a positive relationship between the child and both parents
A Tampa divorce attorney should provide documentation supporting the suitability of the substitute caregiver, including background checks, housing information, and their relationship with the child.
Communication During Deployment
Maintaining contact between a child and a deployed parent is critical to preserving the parent-child relationship. Courts may order or approve virtual visitation to occur through:
- Video conferencing platforms (Zoom, FaceTime, Skype)
- Phone calls and voice messaging
- Email and digital photo sharing
- Recorded video or audio messages
Virtual contact should be scheduled and consistent, with cooperation from the non-deployed parent. Courts may order the residential parent to facilitate communication and may impose consequences if they unreasonably interfere with access.
A Tampa divorce attorney may include specific virtual visitation language in the temporary parenting plan, ensuring that the deployed parent’s right to contact is clearly defined and enforceable.
Post-Deployment Reinstatement of Time-Sharing
Upon return from deployment, the deployed parent can petition to reinstate the original time-sharing order. Florida law provides a rebuttable presumption in favor of restoring the previous parenting plan. The court will evaluate whether circumstances have changed significantly during the deployment that would make reinstatement contrary to the child’s best interests.
Possible outcomes include:
- Full restoration of the previous parenting schedule
- Gradual reintegration of time-sharing to accommodate the child’s needs
- Modified parenting plan if circumstances warrant permanent changes
A Tampa divorce attorney should gather evidence that supports a swift return to the original schedule, such as school performance, behavior records, and communication logs between parent and child.
Protections Against Permanent Modification During Deployment
Florida law prohibits courts from entering a final order modifying custody or time-sharing solely based on a parent’s military deployment. This includes permanent changes made in the absence of the deployed parent unless there is clear and convincing evidence that the modification is in the child’s best interest and that the deployed parent had a fair opportunity to participate in the proceedings.
Under Florida Statutes § 61.13002(6), any final judgment entered without participation of the deployed parent can be reopened upon their return. This ensures that military service does not prejudice a parent’s long-term rights.
A Tampa divorce attorney should invoke these statutory protections if the opposing party attempts to secure a final custody change while the other parent is unavailable due to military duty.
Long-Distance Parenting Plans Post-Deployment
Sometimes, a returning parent may be stationed in a different state or country, creating ongoing long-distance parenting challenges. In such cases, courts often establish modified time-sharing plans that:
- Concentrate parenting time during summer vacation, spring break, or winter holidays
- Allow for virtual contact during the school year
- Allocate transportation costs and responsibilities
- Include make-up time for missed holidays or events
A Tampa divorce attorney can help craft creative and flexible parenting plans that support continued involvement and bonding despite geographic distance.
Enforcement and Contempt Proceedings
If the non-deployed parent interferes with time-sharing or fails to follow the court-ordered communication plan, the deployed parent may seek enforcement through a motion for contempt or enforcement. Courts can impose remedies such as:
- Make-up time-sharing
- Monetary sanctions
- Attorney’s fees
- Modification of the parenting plan if the violations are severe
Even from abroad, a deployed parent can file motions and participate in hearings, often through legal representation and remote appearance. A Tampa divorce attorney can initiate and manage enforcement proceedings on behalf of the deployed parent to protect their rights.
Co-Parenting Communication During Deployment
Deployment can strain co-parenting dynamics, particularly when one parent feels overwhelmed or disconnected. It is important for both parents to:
- Share updates about the child’s education, health, and daily life
- Coordinate travel and custody exchanges around military schedules
- Avoid disparaging the deployed parent in the child’s presence
- Adhere to the parenting plan to the greatest extent possible
If communication breaks down, a Tampa divorce attorney can help establish clear protocols, such as using shared calendars, parenting apps, or court-monitored communication tools to reduce conflict and increase accountability.
Military Leave and Short-Term Visits
When a deployed parent returns home on leave, courts may permit short-term modifications to allow in-person visits. These visits:
- Must be approved in advance or structured in the parenting plan
- Require cooperation from the non-deployed parent
- May be scheduled around school or extracurricular activities
Tampa divorce attorneys often include “leave clauses” in custody orders, which pre-authorize temporary time-sharing during military leave, reducing the need for repeated court filings.
Guardianship and Power of Attorney Considerations
In cases where a parent deploys and is the child’s primary custodian, it may be necessary to grant temporary guardianship or power of attorney to a trusted relative. These legal instruments:
- Allow the designee to make medical, educational, and emergency decisions
- Should be limited in scope and duration
- Require notarization and, in some cases, court approval
A Tampa divorce attorney can prepare appropriate documentation to ensure continuity of care while maintaining legal safeguards.
Planning Ahead for Military Families
Proactive planning is essential for military families. Before deployment, parents should:
- Review and update the parenting plan
- Discuss deployment contingencies with the other parent
- Identify suitable substitute caregivers
- Document all arrangements in writing
- Notify the court if substantial changes to time-sharing are required
Early action helps reduce conflict and ensures that the deployed parent’s rights are protected even before a problem arises.
Relocation and Deployment
If the non-deployed parent relocates while the deployed parent is overseas, this can complicate post-deployment reintegration. Florida law requires a petition for relocation if the move is more than 50 miles and intended to last more than 60 days. The relocating parent must:
- Serve a notice of intent to relocate
- Propose a revised time-sharing schedule
- Obtain court approval if the deployed parent does not consent
A Tampa divorce attorney can challenge or support relocation requests based on whether the proposed move enhances or disrupts the child’s relationship with the deployed parent.
Reintegration Challenges After Deployment
Returning from deployment often requires emotional and logistical adjustment. Children may need time to reacclimate to a parent they’ve only seen virtually for months or even years. Courts may allow:
- Gradual increases in parenting time
- Counseling or supervised visits if recommended
- Temporary transitions to re-establish routines
A Tampa divorce attorney can support the reintegration process by negotiating modified schedules that balance stability and bonding.
FAQ: Custody and Deployment in Florida
Can a Florida court change custody while I’m deployed?
Not permanently. Courts may issue temporary modifications, but any final custody changes made without your participation can be challenged upon your return.
Can I assign my parenting time to a relative while deployed?
Yes. Florida law allows a deployed parent to designate a relative or other adult to exercise their time-sharing rights, subject to court approval.
What happens to my custody rights when I return from deployment?
The court must presume that your original time-sharing schedule should be reinstated, unless doing so would be harmful to the child.
Do I have to go back to court after every deployment?
Not always. A well-drafted parenting plan can include automatic reinstatement clauses or pre-authorized adjustments during deployment and leave.
Can my ex stop the kids from contacting me while I’m deployed?
No. The court can order virtual visitation and hold the other parent accountable for interference with communication.
Can I appear remotely for custody hearings while deployed?
Yes. Tampa courts often allow virtual participation for deployed servicemembers, especially when travel is not possible.
How soon should I notify the court about my deployment?
As early as possible. Early notification allows time for temporary orders and minimizes disruption to the parenting plan.
What if my child’s other parent wants to relocate while I’m deployed?
They must follow Florida’s relocation statute, including serving notice and securing court approval. You can object and request a hearing.
Can I get make-up time for parenting time missed during deployment?
Yes. Courts may award make-up time after deployment, especially if the original plan was interrupted due to service obligations.
Should I hire a Tampa divorce attorney to handle my custody case while deployed?
Yes. An experienced attorney can file motions, appear on your behalf, and protect your rights while you fulfill your military duties.
Conclusion
Custody cases involving deployed parents require a strategic and compassionate approach that honors military obligations without compromising parental rights. Florida’s legal framework provides strong protections for servicemembers, but the successful preservation of time-sharing depends on proactive legal action, clear communication, and tailored parenting plans.
A Tampa divorce attorney experienced in military custody matters can help deployed parents create enforceable agreements, obtain appropriate court orders, and navigate the complexities of parenting from afar. With the right legal guidance, deployment does not have to mean disconnection from your child.
The McKinney Law Group: Divorce Help for Young Families in Tampa
If you’re a parent with young children, your divorce must be handled with care. At The McKinney Law Group, we help Tampa parents create parenting plans and support structures that allow everyone to thrive.
We provide:
✔ Developmentally appropriate custody solutions
✔ Consistent, fair child support agreements
✔ Co-parenting strategies that reduce conflict
✔ Legal advice tailored to growing families
Call 813-428-3400 or email [email protected] to speak with a Tampa family law attorney.