When one parent is called to serve in the armed forces and deploys overseas or to a distant duty station, questions about child custody—referred to in Florida as time-sharing—become significantly more complex. The legal system must weigh the rights of a deployed parent to maintain a meaningful relationship with their child against the child’s stability and day-to-day needs. Deployment often causes logistical and legal hurdles, especially in families governed by parenting plans or ongoing time-sharing arrangements. Under Florida law, special provisions exist to protect the rights of deployed parents, but they are not automatic. A knowledgeable Tampa divorce lawyer can help military parents take the necessary steps to preserve their parental involvement and comply with the law.
Understanding Time-Sharing in Florida
Florida uses the term “time-sharing” instead of custody and visitation. Parenting plans must outline:
- When the child will spend time with each parent,
- How decisions will be made,
- Holiday and vacation schedules,
- Communication arrangements.
The guiding principle in all time-sharing cases is the best interests of the child. Courts presume that a child benefits from frequent and continuing contact with both parents unless evidence suggests otherwise. This presumption is not set aside lightly—even when one parent faces deployment.
In cases involving military parents, courts must carefully balance these best interests with the unavoidable disruptions that deployment introduces. A Tampa divorce lawyer plays a critical role in helping the court see the full picture and preserving fairness.
Deployment vs. Permanent Change of Station (PCS)
It’s important to distinguish between deployment and permanent change of station (PCS) when analyzing how time-sharing is affected.
- Deployment refers to a temporary assignment, often in a combat zone or overseas theater, where the service member is expected to return after a limited time.
- PCS is a permanent relocation to a new duty station, which may or may not be in the same state.
Florida law has distinct mechanisms for handling both, but this article focuses specifically on deployment and its short- and long-term implications for time-sharing.
Florida Statutes on Military Deployment and Time-Sharing
Florida Statute § 61.13002 governs temporary time-sharing modifications due to military service. Under this statute:
- A parent’s military service or deployment cannot be used as the sole basis for modifying a parenting plan permanently.
- If a parent is deployed, the court may issue a temporary modification to the time-sharing schedule.
- The deployed parent may designate a family member or stepparent to exercise their time-sharing rights in their absence, with court approval.
- Upon return from deployment, the original time-sharing plan resumes automatically.
These statutory protections are designed to prevent the deployed parent from being penalized simply for fulfilling their military obligations. A Tampa divorce lawyer can help ensure that these protections are invoked and properly applied during a court proceeding.
Temporary Modifications During Deployment
When a military parent is deployed, their ability to exercise regular time-sharing is obviously disrupted. Florida courts may issue a temporary order adjusting the parenting schedule to account for the absence.
These temporary modifications may include:
- Shifting the child’s primary residence to the non-deployed parent,
- Allowing virtual communication in place of in-person visits,
- Expanding the deployed parent’s time-sharing rights before and after deployment,
- Permitting designated relatives (such as grandparents or stepparents) to have substitute visitation.
The court must find that the proposed substitute is in the child’s best interest and that the deployed parent consents. A Tampa divorce lawyer can help file the necessary motions to secure these temporary changes and make sure the court record reflects that the changes are not permanent.
Designating a Family Member to Exercise Time-Sharing
One of the most unique features of Florida’s approach to deployment-related custody issues is the ability of the deployed parent to designate a substitute to exercise their time-sharing. This is not available in most other states and can be a powerful tool for preserving the child’s bond with the deployed parent’s side of the family.
Under § 61.13002, the substitute may be:
- A stepparent,
- A grandparent,
- A relative by marriage,
- Another person with a significant prior relationship with the child.
The court must determine that allowing this person to step in serves the best interests of the child. These designations must be supported by affidavits, testimony, and parenting plan language that anticipates the possibility of deployment.
A Tampa divorce lawyer can draft detailed provisions in the parenting plan to specify who may be designated, under what conditions, and how disputes will be resolved.
Virtual Visitation During Deployment
While a deployed parent may not be able to physically see their child, courts recognize the value of virtual communication. Video calls, emails, letters, and social media can all be included in a parenting plan or court order to preserve the parent-child relationship during deployment.
Courts may order:
- Scheduled weekly video calls via Zoom or FaceTime,
- Private email access between the child and deployed parent,
- Recorded video messages from the deployed parent,
- Shared photo albums or journals.
Florida courts generally support ongoing virtual contact unless it becomes disruptive or contrary to the child’s best interests. A Tampa divorce lawyer can propose structured virtual time-sharing to the court, ensuring that military parents remain actively involved despite the distance.
Best Interests of the Child Still Control
Despite statutory protections, the overriding consideration in any Florida custody case remains the best interests of the child. Courts will not enforce time-sharing provisions that compromise the child’s safety, stability, or development.
When analyzing whether to allow designated substitute time-sharing or to enter temporary modifications, the court will consider:
- The relationship between the child and the proposed substitute,
- The child’s age, maturity, and needs,
- Stability of the living environment,
- Academic and social disruption,
- Any history of abuse, neglect, or domestic violence.
A Tampa divorce lawyer must be prepared to present detailed evidence to support the deployed parent’s position and rebut any unfounded claims of unfitness or instability.
Avoiding Permanent Modifications Based on Deployment Alone
Florida law is clear: deployment cannot be the sole reason for a permanent change to the time-sharing schedule. Courts are barred from using deployment as a reason to reduce a parent’s rights long-term.
However, that doesn’t prevent the other parent from trying. In practice, some non-deployed parents may file motions to permanently modify time-sharing during the deployed parent’s absence, especially if the child appears to be thriving under the new arrangement.
A Tampa divorce lawyer will defend against these efforts and remind the court of the statutory mandate to reinstate the original parenting plan after deployment ends. Evidence showing pre-deployment involvement and parental fitness is essential.
Parenting Plan Language for Anticipated Deployments
For military families, it is wise to anticipate future deployments in the original parenting plan. Tampa divorce lawyers can include clauses addressing:
- Required notice of upcoming deployments,
- Procedures for requesting temporary modifications,
- Designation of substitute time-sharing recipients,
- Virtual visitation protocols,
- Automatic reinstatement of original schedule post-deployment.
By planning ahead, both parents reduce the chance of emergency motions or contentious hearings when deployment arises. Courts favor clear, mutually agreed-upon language over vague or reactive plans.
Filing Motions Before or During Deployment
If a parent is scheduled for deployment and needs to modify the parenting plan temporarily, they must file a motion with the court. The court has authority to issue orders even while the parent is overseas, and many judges will accommodate virtual testimony.
Common filings include:
- Motion for temporary modification due to military service,
- Motion to designate substitute time-sharing,
- Motion to amend parenting plan with deployment provisions,
- Motion for order enforcing virtual communication rights.
The deployed parent must act swiftly. Waiting until after deployment can result in the court granting the other parent full control of the child’s time and major decisions. A Tampa divorce lawyer can expedite the motion and coordinate with military command and legal assistance offices.
Rights of the Non-Deployed Parent
While the deployed parent has protections, the non-deployed parent also has rights and responsibilities. If granted temporary residential custody, that parent must:
- Facilitate virtual communication,
- Respect the terms of the parenting plan,
- Not use the deployment to alienate the child,
- Comply with court orders regarding substitute time-sharing.
Attempts to interfere with the child’s contact with the deployed parent can result in sanctions or future modification of custody. A Tampa divorce lawyer may seek contempt or enforcement remedies if the non-deployed parent fails to uphold the child’s right to maintain that critical relationship.
Reinstating the Parenting Plan Post-Deployment
Florida law mandates that original time-sharing resumes automatically upon the deployed parent’s return, unless the court determines otherwise. This avoids the need to relitigate custody once deployment ends.
If the other parent refuses to reinstate the schedule or attempts to make temporary changes permanent, the returning parent must act quickly. A Tampa divorce lawyer will file for enforcement and, if necessary, seek contempt for refusal to follow the parenting plan.
It’s important for the returning parent to provide:
- Proof of deployment ending,
- Travel documentation,
- Intent to resume parenting responsibilities,
- Evidence of continued fitness as a parent.
Judges expect a smooth transition and may sanction a parent who tries to block it.
FAQ: Deployment and Time-Sharing in Florida
Q: Can I lose custody just because I was deployed?
A: No. Florida law prohibits using deployment as the sole reason to permanently modify a parenting plan.
Q: Can my family visit the child while I’m deployed?
A: Possibly. You may designate a stepparent or relative to exercise time-sharing on your behalf, with court approval.
Q: Will my parenting plan resume after I return?
A: Yes. The original schedule resumes automatically unless the court finds doing so would harm the child.
Q: What if my ex refuses to let my child talk to me while I’m deployed?
A: You can file for enforcement or contempt. Courts expect virtual contact to continue during deployment.
Q: Can I appear in court if I’m stationed overseas?
A: Yes. Courts often allow virtual testimony for deployed service members in custody matters.
Q: Do I need to file a motion before deploying?
A: It’s strongly advised. A motion can establish temporary arrangements and protect your rights while you’re gone.
Q: What happens if my child is doing better with the other parent during my deployment?
A: That alone is not grounds to change custody permanently. Florida law requires reinstating the original plan.
Q: Can I modify the parenting plan to include deployment clauses now?
A: Yes. You can file for modification at any time, and proactive planning is highly recommended.
Q: How do I prove I’m still a fit parent after deployment?
A: Evidence of ongoing contact, prior involvement, and readiness to resume parenting responsibilities can all support your case.
Q: Will the judge let me designate my new spouse for visits while I’m away?
A: If the relationship is appropriate and in the child’s best interests, the court may allow this.
The McKinney Law Group: Straightforward Divorce Representation for Tampa Families
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