In a military divorce involving children, one of the most critical components of the case is the parenting plan. A parenting plan must address not only the day-to-day realities of time-sharing, decision-making, and parental responsibility, but also the unique demands of military life—especially the unpredictability of Temporary Duty Assignments (TDY).
Unlike permanent change of station (PCS) moves or deployments, TDY assignments are often short in duration but disruptive in practice. They may last a few days, a few weeks, or several months and may arise with little notice. For service members with shared custody or parenting time obligations, TDY can quickly upend a well-crafted time-sharing schedule unless the parenting plan accounts for it in advance.
A well-drafted parenting plan provides clarity, flexibility, and enforceability. When it comes to military parenting, these qualities must be carefully balanced. A skilled Tampa military divorce lawyer can help create a parenting plan that anticipates TDY disruptions while preserving the child’s best interests and each parent’s rights.
What Is a Temporary Duty Assignment (TDY)?
A Temporary Duty Assignment, or TDY, is a short-term relocation for military service members. TDY assignments may be:
- Training-related, such as professional military education,
- Mission-specific, such as an overseas support deployment,
- Administrative, involving travel to another base or installation.
TDY is distinct from deployment or PCS:
- Deployments typically involve overseas combat or long-term assignments,
- PCS moves are permanent reassignments to a new duty station,
- TDY is temporary and usually lasts from a few days to six months.
Because TDY orders can come with little advance notice and vary in duration, they create legal and logistical challenges for military parents with minor children. A Tampa military divorce lawyer must structure a parenting plan that reflects this unique mobility while protecting the parent-child relationship.
Florida’s Approach to Parenting Plans
Florida courts require a written parenting plan in all cases involving time-sharing. The plan must include:
- A detailed schedule for time-sharing,
- Designation of who will make decisions regarding the child’s education, healthcare, and other matters,
- Transportation arrangements for exchanges,
- Communication protocols between the child and both parents.
In military cases, these requirements must be supplemented with provisions addressing military-specific scenarios, such as TDY.
Florida courts use the best interests of the child standard as the guiding principle in approving or modifying parenting plans. This includes maintaining continuity, emotional bonds, and a stable routine—factors that may be challenged when one parent is subject to military obligations.
A Tampa military divorce lawyer ensures the parenting plan complies with Florida law and proactively addresses military mobility.
Why TDY Provisions Are Necessary
Without specific language in the parenting plan, a TDY assignment can lead to:
- Missed parenting time without a plan for makeup time,
- Unnecessary court disputes over temporary modifications,
- Disruption to the child’s routine and uncertainty in care,
- Allegations of non-compliance or abandonment.
To prevent these outcomes, parenting plans involving a service member must include customized provisions that address what happens when TDY arises.
This approach avoids conflict and promotes cooperation. It also reassures the court that the service member is committed to parental responsibility even while serving the country.
A Tampa military divorce lawyer will ensure the parenting plan anticipates every scenario and remains enforceable in Florida courts.
Key Elements to Include in TDY-Aware Parenting Plans
1. Definition of TDY
Start by defining what qualifies as a Temporary Duty Assignment. The plan should refer to:
- TDY orders issued by the Department of Defense,
- Assignments lasting less than 180 days,
- Assignments that are temporary and expected to result in the parent’s return to the same duty station.
This prevents disputes about what qualifies as a TDY versus a PCS or deployment.
2. Advance Notice Requirements
The plan should require the service member to:
- Provide a copy of TDY orders to the other parent within a specified time (e.g., 72 hours of receipt),
- Share expected departure and return dates,
- Communicate any changes or extensions promptly.
This allows the other parent to plan and prevents last-minute confusion or noncompliance.
A Tampa military divorce lawyer can draft specific deadlines that are realistic and consistent with military operations.
3. Automatic Temporary Modification of Time-Sharing
The plan should specify what happens to the regular time-sharing schedule during TDY. Options include:
- The non-military parent exercises full time-sharing during the absence,
- The child remains in their primary home with continuity of care,
- Time-sharing is paused and resumes immediately upon return.
To avoid future litigation, the plan should state that temporary modifications during TDY are automatic and not permanent.
A Tampa military divorce lawyer will ensure that temporary changes do not prejudice future custody rights.
4. Makeup or Compensatory Time-Sharing
The parenting plan should include makeup time for missed time-sharing due to TDY. Options include:
- Additional weekends upon return,
- Extended summer or holiday time,
- Priority scheduling upon request.
Makeup time acknowledges the value of the parent-child relationship and reinforces the service member’s rights despite unavoidable absences.
A Tampa military divorce lawyer can help determine what is reasonable based on the child’s school calendar and family needs.
5. Virtual Visitation During TDY
Maintaining contact during TDY is essential. The plan should require:
- Scheduled video calls (e.g., two 20-minute FaceTime calls per week),
- Email access or written communication (age-appropriate),
- Coordination through both parents to ensure availability.
Virtual visitation protects the child’s emotional well-being and prevents alienation. Courts generally support maintaining meaningful contact, even from a distance.
A Tampa military divorce lawyer will ensure virtual time-sharing is enforceable and technologically feasible.
6. Designation of a Temporary Caregiver
The plan may permit the service member to designate a caregiver (e.g., a stepparent or grandparent) to exercise time-sharing during a short TDY.
Florida law allows this under limited conditions if it serves the child’s best interests. The plan must state:
- Whether designation is allowed,
- Who may be designated,
- Whether the other parent must approve the caregiver.
This clause can preserve consistency and family connections while honoring the service member’s rights.
A Tampa military divorce lawyer can draft language that meets Florida legal standards and anticipates potential objections.
7. Reinstatement of Original Plan Upon Return
The parenting plan must clarify that the original time-sharing schedule automatically resumes upon the parent’s return from TDY, unless both parties agree otherwise.
Failure to include this clause could lead to:
- Litigation over reinstatement,
- Claims of abandonment,
- Loss of parenting time.
A Tampa military divorce lawyer ensures reinstatement language is specific and avoids ambiguity.
Balancing Flexibility with Stability
Courts favor stability and routine for children but also recognize the unique demands of military service. The best parenting plans strike a balance by:
- Preserving the child’s routine during TDY,
- Allowing flexible scheduling upon return,
- Avoiding frequent litigation over temporary changes.
The parenting plan should empower parents to cooperate, while also providing clear rules when agreement is not possible.
A Tampa military divorce lawyer can structure clauses that provide flexibility without sacrificing enforceability.
Addressing Custody Disputes Stemming from TDY
When TDY disrupts the time-sharing schedule, disputes may arise over:
- Whether the service member provided sufficient notice,
- Whether the child should travel to visit the parent during TDY,
- How long-term TDY affects primary residence status.
If the plan lacks clarity, the non-military parent may claim the TDY parent is unreliable or incapable of exercising shared custody. Courts will consider:
- The parent’s efforts to stay involved,
- The quality of communication during TDY,
- Past compliance with the parenting plan.
A Tampa military divorce lawyer will present evidence to protect the military parent’s rights and rebut unfounded accusations.
Florida Legal Protections for Deployed and TDY Parents
Florida Statute § 61.13002 protects parents in the military by prohibiting permanent modifications of time-sharing based solely on deployment, activation, or TDY.
Key protections include:
- Only temporary changes are allowed during TDY,
- The original schedule must resume automatically after the absence,
- Courts may not penalize a parent for military service.
However, to benefit from these protections, the parent must:
- Notify the court and other parent of TDY orders,
- Request temporary modifications if needed,
- Preserve documentation of efforts to maintain contact.
A Tampa military divorce lawyer ensures that all procedural steps are followed and that temporary assignments do not become grounds for permanent custody changes.
Integrating TDY Provisions Into a Comprehensive Parenting Plan
TDY clauses should not stand alone. Instead, they must be integrated into the broader parenting plan, which also addresses:
- School-year schedules,
- Holidays and vacations,
- Transportation for exchanges,
- Decision-making authority (medical, educational, etc.),
- Conflict resolution procedures.
When TDY language fits seamlessly into the rest of the plan, it creates consistency and reduces future disputes.
A Tampa military divorce lawyer will draft a parenting plan that meets all Florida requirements while tailoring it to the realities of military life.
Mediation and TDY Clauses
Many parenting plans are created through mediation, and TDY provisions are often a focal point. Successful negotiation of TDY terms requires:
- Accurate information about typical assignment lengths,
- A clear understanding of each parent’s work schedule and flexibility,
- Willingness to trade makeup time or adjust holidays,
- Agreement on virtual visitation standards.
A Tampa military divorce lawyer can guide the negotiation and ensure that the mediated agreement is complete, enforceable, and aligned with statutory protections.
Revisiting the Plan After Major Military Changes
TDY is only one type of military duty. If the service member:
- Transfers to the Reserves,
- Receives PCS orders,
- Deploys for extended periods,
- Retires,
Then the parenting plan may need to be modified to reflect the new reality.
Florida courts allow modification when:
- There is a substantial, material, and unanticipated change in circumstances,
- The modification serves the child’s best interests.
A Tampa military divorce lawyer will file the proper motion and support it with LES records, TDY orders, and parenting history to justify the requested changes.
Protecting the Child During Disruption
While military parents deserve flexibility, the child’s needs must come first. A parenting plan built around TDY must:
- Avoid instability caused by frequent changes,
- Maintain school routines and extracurricular activities,
- Ensure consistent communication and emotional support.
Judges will assess whether the plan meets these goals. A Tampa military divorce lawyer will draft the plan to withstand scrutiny and meet both legal and developmental standards.
FAQ: Parenting Plans and TDY in Florida
Q: Can my ex change the parenting plan because I’m on TDY?
A: Only temporarily. Florida law prohibits permanent modifications based solely on TDY or deployment.
Q: Do I get makeup time for parenting I miss while away?
A: Yes. The parenting plan should include a clause for makeup time upon your return.
Q: Can I designate someone to use my time while I’m gone?
A: Possibly. The plan must allow this, and the court must find it’s in the child’s best interest.
Q: What if I don’t get enough notice about a TDY?
A: The plan should include reasonable notice requirements. If notice isn’t given, court action may be needed.
Q: Is virtual visitation required during TDY?
A: It’s not automatic, but most Florida courts support it. Your plan should include a virtual visitation schedule.
Q: Can my TDY be used against me in a custody case?
A: No. Florida law prohibits penalizing parents for military service or TDY-related absence.
Q: Do I need to show proof of my orders?
A: Yes. You should provide your TDY orders to the other parent and the court if necessary.
Q: What if we can’t agree on changes during my TDY?
A: Follow the parenting plan. If the plan doesn’t address the situation, a Tampa military divorce lawyer can seek a court ruling.
Q: Can I modify the parenting plan if I expect more frequent TDYs?
A: Yes. You may request a modification based on a change in circumstances.
Q: Will the court respect my military service when deciding parenting time?
A: Yes. Courts value military service and are prohibited from reducing your rights solely based on TDY.
The McKinney Law Group: Experienced Legal Guidance for Military Divorce in Tampa
At The McKinney Law Group, we offer straightforward legal advice for military families facing divorce. We know the military lifestyle can complicate legal proceedings, so we focus on solutions that protect your rights and simplify your future.
We assist with:
✔ Division of DFAS-managed pensions and military retirement accounts
✔ Custody agreements that account for frequent relocations
✔ Jurisdictional issues across states and international postings
✔ Federal protections and obligations under the SCRA and USFSPA
✔ Developing a practical legal path forward that fits your military obligations
Contact our office at 813-428-3400 or email [email protected] to schedule your consultation.