PCS Orders and the Custody Concerns They Raise
Permanent Change of Station (PCS) orders are a fact of life for military families. They can arrive with short notice and bring sudden relocations to another base, sometimes across the country or even overseas. For active-duty service members in Tampa navigating a divorce or child custody dispute, PCS orders can add another layer of anxiety: Will I lose custody of my children if I move? Will the court see me as an unstable parent because I have to relocate?
These concerns are common, but they are not automatic grounds to lose custody. Florida law recognizes the unique nature of military service and provides legal protections that help balance the demands of active duty with a parent’s constitutional right to raise their child. Still, PCS orders do complicate custody proceedings. Whether you’re stationed at MacDill Air Force Base or another installation, it’s essential to understand how relocation interacts with Florida custody law.
This article explains what a PCS move means for a parenting plan, how courts evaluate a military parent’s custody rights, and what legal strategies a Tampa divorce lawyer can use to help protect your time with your children—whether you’re heading out on a new assignment or responding to a relocation request filed by your co-parent.
Understanding the Legal Framework of Custody in Florida
Florida does not use the terms “custody” or “visitation” in the traditional sense. Instead, courts refer to “parental responsibility” and “timesharing.” These concepts are formalized in a parenting plan that outlines:
- How major decisions (education, healthcare, religion) are made
- When each parent has physical time with the child
- How communication between parent and child is maintained
- How holidays and school breaks are divided
Florida law presumes that shared parental responsibility is in the best interest of the child unless one parent demonstrates that shared responsibility would be harmful. Timesharing schedules vary widely depending on each family’s unique circumstances.
PCS orders create a challenge because they introduce geographic separation into what might otherwise be a well-functioning shared parenting plan. This triggers questions about relocation, modifications, and long-term stability for the child.
Does Receiving PCS Orders Automatically Change Custody?
No. PCS orders alone do not cause you to lose custody. Florida courts will not strip a service member of parenting rights simply because the military requires them to relocate. The law acknowledges that service members have no control over PCS assignments and protects their constitutional rights as parents.
However, PCS can become a factor in a custody modification if the relocation significantly affects the child’s existing routine and either parent files a petition to change the parenting plan. If no parent seeks a change, the current plan remains in effect.
A Tampa divorce lawyer can help you evaluate whether a PCS move justifies modifying an existing court order and how to approach the court with your proposed plan to maintain your parental role.
Florida’s Statutory Relocation Law: The 50-Mile Rule
Florida Statute § 61.13001 governs parental relocation. Under this law, a parent cannot relocate more than 50 miles from their current residence for at least 60 consecutive days without:
- Obtaining written consent from the other parent, or
- Filing a petition with the court seeking permission to relocate
This applies regardless of whether you are the parent requesting relocation due to PCS orders or the parent opposing the move.
The court will evaluate whether the proposed move is in the best interest of the child. Even if the relocating parent has a compelling reason—such as a mandatory military transfer—the child’s well-being remains the court’s primary concern.
A Tampa divorce lawyer experienced in military family law can file the appropriate petition and advocate for a parenting plan that allows you to maintain a strong relationship with your child post-relocation.
How Courts Evaluate Relocation Requests Involving Military Parents
When a parent requests relocation, or when PCS orders are at issue, the court considers multiple statutory factors under Fla. Stat. § 61.13001(7), including:
- The nature, quality, and duration of the child’s relationship with each parent
- The impact the move will have on the child’s development
- The feasibility of preserving the relationship between the child and the non-relocating parent
- The child’s preference (depending on age and maturity)
- Whether the relocation will enhance the quality of life for the child and relocating parent
- The reasons each parent gives for and against the move
In military cases, the court will also consider:
- The nature of the PCS assignment
- Whether the relocation is temporary or long-term
- The feasibility of alternative arrangements (e.g., extended visitation during leave)
- The service member’s historical involvement in the child’s life
A Tampa divorce lawyer can help present a strong case that highlights your role as an engaged and capable parent, even if military orders take you far from Tampa.
The Servicemembers Civil Relief Act (SCRA) and Custody Proceedings
The Servicemembers Civil Relief Act (SCRA) is a federal law that protects military members from adverse legal actions when their duties prevent them from participating in court proceedings. In a custody case, SCRA can:
- Delay hearings if the service member is deployed or unavailable due to military duties
- Prevent default judgments from being entered in their absence
- Allow for temporary relief without permanently altering custody
SCRA does not prevent a court from considering a PCS move, but it can ensure that you have time and legal support to respond to petitions filed by the other parent while you’re fulfilling military obligations.
A Tampa divorce lawyer can help assert your SCRA rights to preserve your role as a parent and avoid court orders being entered without your participation.
Can the Other Parent Use PCS Against You?
They can try—but courts do not look favorably on parents who use a military assignment as a weapon in custody litigation. While a PCS move may require modification of timesharing, it is not in itself proof that a parent is unfit or disinterested.
However, if the non-military parent argues that the relocation disrupts the child’s education, social ties, or daily routine too severely, the court may decide that the child should remain primarily with the non-relocating parent, especially if the PCS move makes frequent contact impractical.
To avoid this outcome, a Tampa divorce lawyer may propose creative timesharing solutions, such as:
- Extended visitation during school breaks
- Virtual visitation (video calls, online messaging)
- Alternating holidays and special occasions
- Travel arrangements covered by the military parent
Demonstrating flexibility and a willingness to support the child’s relationship with both parents can strengthen your position in custody proceedings.
What Happens if You’re Already Deployed When the Case Is Filed?
If you’re deployed or already stationed away from Florida when the other parent files a petition to modify custody, SCRA protections allow you to request a stay of proceedings until you can participate. However, these stays are not indefinite.
You may be granted a 90-day stay upon request, and additional extensions may be allowed if you can show that your military duties materially interfere with your ability to appear in court.
A Tampa divorce lawyer can assist with preparing the proper documentation, including:
- A statement from your commanding officer
- A proposed parenting plan
- A declaration showing your military obligations
Failing to respond or participate, even while deployed, can lead to decisions being made without your input. Legal representation is key.
Creating a Military Parenting Plan That Anticipates PCS
One of the best ways to address PCS concerns is to build a parenting plan that anticipates them. Florida courts allow for flexibility in parenting plans, especially for military families.
A well-drafted parenting plan should address:
- The possibility of future PCS orders
- Communication methods during long-distance parenting
- Contingencies for deployment or training periods
- Travel arrangements and cost-sharing
- Temporary delegation of timesharing during absences
- Return of timesharing rights post-deployment
A Tampa divorce lawyer can incorporate language that protects your parental rights even if military service takes you out of state or overseas.
Does PCS Mean You Give Up Primary Timesharing?
Not necessarily. Courts evaluate the best interest of the child, not the convenience of the parents. If you have historically been the child’s primary caregiver, the court may approve relocation with the child—even with PCS orders—if the other parent cannot demonstrate that the move would harm the child.
Conversely, if the child has always lived in Tampa and the other parent provides stability and involvement, the court may determine that the child should remain with them.
A Tampa divorce lawyer can help you build a compelling narrative supported by evidence, such as:
- School performance under your care
- Your efforts to maintain involvement despite deployments
- Testimony from teachers, coaches, or relatives
Evidence of co-parenting cooperation and willingness to accommodate the other parent can also weigh in your favor.
Reassignment Doesn’t End Your Parental Role
Even if the court determines that your child should remain in Tampa after your PCS relocation, that doesn’t mean you’ve lost your parental role. You remain a legal parent with rights to:
- Participate in major decisions
- Maintain communication with your child
- Seek enforcement of timesharing orders
- Petition for modification upon return to Florida
Long-distance parenting requires intentionality. A Tampa divorce lawyer can help you develop a plan that maintains continuity, builds a schedule, and creates enforceable expectations.
What If You’re the Parent Opposing the PCS Move?
If you’re a service member remaining in Tampa and your ex-spouse receives PCS orders, you have the right to challenge relocation of your child. You are not required to consent simply because the military requires their move.
You may oppose relocation by:
- Filing an objection to the petition for relocation
- Presenting evidence that the move would harm the child
- Offering a counterproposal that maintains stability
Florida courts weigh each parent’s position, the role each parent plays, and the overall impact on the child’s welfare. A Tampa divorce lawyer can help you assert your rights, especially if you believe the relocation is more about the other parent’s preferences than the child’s best interest.
Do You Need a Guardian ad Litem in PCS Custody Cases?
In high-conflict relocation cases involving PCS, courts may appoint a guardian ad litem (GAL) to represent the child’s best interest. The GAL investigates the facts, interviews both parents, and makes recommendations to the court.
A GAL can:
- Assess the practicality of relocation
- Evaluate each parent’s involvement
- Review proposed living arrangements
- Speak to the child (if age-appropriate)
While the GAL’s opinion is not binding, it carries significant weight. A Tampa divorce lawyer can help you work constructively with the GAL to present your side of the story.
Using Virtual Visitation to Stay Connected
Florida courts increasingly rely on virtual visitation to bridge the distance between parents and children. While it doesn’t replace in-person contact, regular video calls, text messaging, and online communication can help preserve the parent-child relationship during PCS-related separation.
Your parenting plan should:
- Specify the frequency and duration of virtual contact
- Include fallback options if internet access is disrupted
- Establish clear boundaries to avoid interference from the other parent
A Tampa divorce lawyer can advocate for court-enforceable virtual visitation rights and ensure the other parent complies.
Conclusion: PCS Doesn’t Mean You Lose Your Child
Military service is honorable, and the Florida courts do not penalize service members for fulfilling their duty. While a PCS order may prompt a modification of parenting plans or require creative long-distance arrangements, it does not result in automatic loss of custody.
Your role as a parent doesn’t end when you relocate—and it certainly isn’t defined by ZIP codes alone. A Tampa divorce lawyer who understands both military life and Florida family law can help you protect your rights, preserve your relationship with your child, and ensure that your military service doesn’t become a weapon used against you in court.
FAQ: PCS Orders and Custody in Florida
Will I lose custody of my child if I get PCS orders out of Tampa?
No. PCS orders alone do not result in loss of custody. Courts must evaluate what’s in the child’s best interest, not punish you for military service.
Do I need permission to relocate with my child if I receive PCS orders?
Yes. Florida’s relocation statute requires court approval or written consent from the other parent if you’re moving more than 50 miles for 60 days or more.
Can the court deny my relocation request even with PCS orders?
Yes. While PCS is a legitimate reason to move, the court still evaluates whether relocation is best for the child.
What if my ex files to change custody while I’m deployed?
You are protected under the Servicemembers Civil Relief Act. A Tampa divorce lawyer can request a stay of proceedings until you return.
Can I modify the parenting plan because of PCS?
Yes. A PCS move may justify a modification, especially if the current plan becomes unworkable due to distance or scheduling conflicts.
Do I have to pay for my child’s travel to visit me post-PCS?
It depends. Parenting plans can allocate travel costs, and courts often require the relocating parent to bear some or all of the expense.
Can my ex keep using my PCS orders against me in court?
They can try, but courts recognize the unique challenges of military life and do not remove parental rights solely based on relocation.
Should I change the parenting plan before receiving PCS orders?
If relocation is likely, it’s wise to revisit your parenting plan. A Tampa divorce lawyer can help incorporate military-specific provisions.
What happens when I return to Florida? Can I restore my old custody rights?
Yes, you can petition to modify the plan to reflect your return. Courts consider changes in circumstances, including restored proximity.
Is virtual visitation legally enforceable?
Yes. Courts can include virtual contact in the parenting plan, and a Tampa divorce lawyer can enforce those provisions if the other parent interferes.
The McKinney Law Group: Divorce Representation Tailored to Tampa Families
At The McKinney Law Group, we understand that no two divorces are alike. Whether you’re ending a short-term marriage or dissolving a decades-long relationship, we provide Tampa clients with personalized legal strategies that reflect their unique goals and concerns.
We assist with:
✔ Initiating or responding to divorce filings
✔ Creating time-sharing and parenting plans that work
✔ Equitably dividing property, businesses, and debts
✔ Crafting spousal and child support agreements
✔ Updating legal orders through post-divorce modifications
Call 813-428-3400 or email [email protected] to speak with a Tampa divorce attorney.