For military families, stability can be fleeting. Frequent relocations are a fact of life, often occurring with little advance notice. One of the most challenging legal issues facing service members who are parents is the impact of a Permanent Change of Station (PCS) order on child custody and visitation rights. When a PCS requires a move across the country—or across the world—it can upend parenting plans, disrupt time-sharing arrangements, and trigger significant legal disputes.
Florida law has developed specific procedures for addressing these situations, balancing the best interests of the child with the unique demands of military service. Tampa, with its proximity to MacDill Air Force Base and a large military population, sees more than its share of these cases. A Tampa divorce attorney with experience in military family law must understand both the federal protections afforded to service members and the Florida family law statutes that govern modifications and enforcement of custody orders.
This article explores how PCS orders affect custody and visitation under Florida law, what legal remedies are available, and how courts evaluate relocation requests, temporary modifications, and time-sharing plans in light of military obligations.
What Is a PCS Order?
A Permanent Change of Station order is an official relocation order issued by the United States military that requires a service member to move to a new duty station for an extended period—often years. PCS orders differ from temporary duty (TDY) or deployments in that they usually require relocation of the service member’s permanent residence and may involve moving dependents.
When a parent subject to a custody order receives PCS orders, it raises immediate questions:
- Can the parent move with the child?
- Does the relocation require court approval?
- How will the time-sharing plan be modified?
- What legal protections apply to the service member?
A Tampa divorce attorney must quickly assess the legal and factual circumstances to determine whether the relocation will require judicial intervention and how best to protect the client’s rights.
Florida Law on Relocation and Custody
Under Florida Statutes § 61.13001, a parent who wishes to relocate more than 50 miles from their current residence for more than 60 consecutive days must either:
- Obtain the written consent of the other parent, or
- File a petition for relocation and obtain court approval.
This rule applies equally to civilian and military parents. A PCS order does not override the statutory requirement to seek court approval if the move impacts time-sharing with the other parent.
The parent receiving the PCS must file a petition to relocate and serve it on the other parent. The petition must include:
- The new address and telephone number;
- The date of the proposed move;
- The reasons for the relocation (including a copy of the PCS order);
- A proposed revised time-sharing schedule;
- Instructions for how the other parent may object.
A Tampa divorce attorney can prepare and file the relocation petition and help develop a proposed plan that maintains meaningful contact between the child and both parents.
Factors Courts Consider in Relocation Cases
When evaluating whether to allow relocation due to PCS orders, Florida courts consider the best interest of the child as the controlling standard. The statute outlines several factors, including:
- The nature, quality, and duration of the child’s relationship with each parent;
- The impact of relocation on the child’s development and stability;
- The feasibility of preserving the child’s relationship with the non-relocating parent;
- The reasons for the proposed move (including PCS);
- The employment and financial circumstances of each parent;
- The child’s preference, if age-appropriate;
- Whether the move is made in good faith.
PCS orders are not automatically granted weight over the child’s best interests. Courts will evaluate whether the move enhances or undermines the child’s overall well-being.
A Tampa divorce attorney representing a relocating parent must build a strong evidentiary case to show how the PCS move supports the child’s development, education, safety, and emotional health.
Temporary Modifications During Deployment or PCS
Florida law allows courts to enter temporary modifications to time-sharing when a military parent is deployed or receives PCS orders. Under Florida Statutes § 61.13002, courts may:
- Modify the time-sharing schedule temporarily;
- Permit the deploying parent to designate a substitute (such as a relative) to exercise time-sharing rights during absence;
- Restore the original time-sharing plan upon return from deployment or relocation, unless the court finds it is no longer in the child’s best interest.
This framework is designed to avoid permanent changes to custody based solely on military duty. A Tampa divorce attorney can file a motion for temporary modification and present a plan that provides continuity and preserves the parent-child bond.
Designation of Time-Sharing During Absence
A unique feature of Florida law allows a military parent who is subject to PCS orders or deployment to designate another adult family member to exercise time-sharing during their absence. This can be a grandparent, sibling, or another individual with a close relationship to the child.
To be approved, the court must find:
- That the designation is in the best interest of the child;
- That the substitute can provide a stable and appropriate environment;
- That the arrangement does not interfere with the rights of the other parent.
This provision helps protect the deployed parent’s relationship with the child and allows for continuity in the child’s care. A Tampa divorce attorney representing a service member should proactively identify suitable designees and prepare supporting documentation.
Objections by the Non-Military Parent
The non-relocating parent may object to the PCS-related move on several grounds, such as:
- Loss of regular time-sharing;
- Disruption of the child’s education or routine;
- Concerns about the child’s support system in the new location;
- Skepticism about the necessity or permanence of the PCS.
In responding to the relocation petition, the objecting parent may file a formal objection and request an evidentiary hearing. Courts may issue temporary orders while the case is pending, especially when the move is imminent.
A Tampa divorce attorney representing the non-military parent should present a counterproposal that preserves the child’s relationship with both parents, even if relocation is granted.
Reinstatement of Original Time-Sharing After PCS Ends
Under Florida law, when a temporary modification is made due to PCS orders, there is a rebuttable presumption that the original time-sharing arrangement should be reinstated once the parent returns to the area or completes the term of duty.
The parent seeking to prevent reinstatement bears the burden of proving that the return would be detrimental to the child. This high standard favors stability and recognizes the sacrifices made by military parents.
A Tampa divorce attorney assisting with reinstatement should file a motion to restore the original plan and present evidence that the parent has resumed a stable, local presence.
The Servicemembers Civil Relief Act (SCRA) and Custody Cases
The Servicemembers Civil Relief Act (SCRA) provides broad protections for active-duty military members involved in legal proceedings. Key protections relevant to custody and PCS cases include:
- The right to request a stay (delay) of proceedings if military duties interfere with participation;
- Protections against default judgments during active duty;
- Relief from orders or judgments entered without adequate opportunity to respond.
A Tampa divorce attorney representing a service member must assert SCRA protections where appropriate and ensure that the client is not penalized for their service-related absence.
Long-Distance Parenting Plans
When relocation is approved, courts often order a long-distance parenting plan that preserves the non-relocating parent’s rights. These plans typically include:
- Extended time during school breaks and holidays;
- Regular virtual contact via video conferencing or phone;
- Clear schedules for travel and cost-sharing responsibilities;
- Provisions for transportation logistics.
Long-distance plans must be detailed and enforceable to avoid future conflict. A Tampa divorce attorney can draft a customized plan that reflects the realities of the PCS move and accommodates both parents’ schedules and responsibilities.
Interstate Jurisdiction and the UCCJEA
Custody jurisdiction in multi-state cases is governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), adopted by all 50 states, including Florida.
Under the UCCJEA:
- The child’s “home state” (where the child lived for six consecutive months) generally has jurisdiction.
- Courts cannot make initial custody determinations unless they have jurisdiction under the Act.
- Relocation does not automatically transfer jurisdiction.
When a PCS move takes a child out of Florida, jurisdiction for custody modifications may remain in Florida if the state continues to be the child’s home state or if one parent remains in Florida.
A Tampa divorce attorney can evaluate whether Florida courts retain jurisdiction and oppose improper attempts to transfer the case to another state.
Modifying Custody After PCS Relocation
If a permanent relocation results in a substantial change in circumstances, either parent may seek to modify custody. Florida law allows modification only if:
- The change is substantial, material, and unanticipated;
- The modification is in the best interest of the child.
PCS orders may satisfy this threshold, but courts will closely examine how the change affects parenting, schooling, health care, and the child’s emotional needs.
A Tampa divorce attorney must present compelling evidence, such as witness testimony, expert evaluations, or academic records, to support a modification request tied to relocation.
Preventing Disruption of the Parent-Child Relationship
Courts are mindful of the harm that prolonged separation can cause between a parent and child. When evaluating PCS-related changes, judges strive to:
- Preserve the child’s emotional bond with both parents;
- Encourage cooperative co-parenting;
- Avoid punitive reductions in parenting time;
- Provide continuity in education and social environment.
A Tampa divorce attorney can help craft a parenting plan that satisfies the court’s priorities while safeguarding the client’s rights and the child’s long-term well-being.
Military-Specific Clauses in Parenting Plans
Couples with at least one military parent should consider including special provisions in their parenting plan to anticipate future PCS orders. These may include:
- Notification requirements for PCS or deployment;
- Pre-approved substitute caregivers;
- Pre-negotiated long-distance visitation schedules;
- Provisions for electronic communication;
- Mechanisms for temporary modification.
A Tampa divorce attorney can draft these clauses to reduce future litigation and provide predictability for both parents and children.
Service Members and Relocation of the Non-Military Parent
In some cases, the non-military parent may attempt to relocate while the service member is deployed or assigned to a new station. Florida law requires both parents to obtain consent or court approval for relocation, regardless of military status.
If the service member is unavailable due to military duties, SCRA may be invoked to delay the proceedings until the member can meaningfully participate.
A Tampa divorce attorney can file motions to stay proceedings, preserve the service member’s rights, and ensure that relocation decisions are not made in their absence.
Contempt and Enforcement of Orders During PCS
When one parent violates a court order during or after a PCS move—such as by withholding the child or refusing to comply with visitation—a Tampa divorce attorney can file:
- A motion for contempt;
- A motion to enforce the parenting plan;
- A petition to modify custody based on the other parent’s misconduct.
Courts may impose sanctions, including make-up time-sharing, fines, and in extreme cases, a change in primary residence.
Protecting Military Parents From Custody Loss Due to PCS
Florida law prohibits courts from making permanent custody changes based solely on military service. Judges cannot penalize a parent for:
- Being deployed;
- Receiving PCS orders;
- Needing temporary modifications due to military obligations.
A Tampa divorce attorney defending a service member must assert these protections and ensure that temporary absences are not used as grounds to alter long-term custody rights.
FAQ: PCS Orders and Custody in Florida
Do I need court approval to move with my child due to PCS orders?
Yes. If the move is more than 50 miles and affects the parenting plan, you must file a petition for relocation and obtain either consent from the other parent or a court order.
Can the court deny my relocation request even with PCS orders?
Yes. The court will evaluate the best interests of the child. While PCS orders carry weight, they do not guarantee approval.
What happens to custody if I’m deployed or receive PCS orders?
You can request a temporary modification and may designate a relative to exercise your time-sharing rights. Courts typically restore the original schedule upon your return.
Can I lose custody because I’m in the military and have to move?
No. Florida law protects military parents from custody loss based solely on PCS or deployment.
Can I designate someone else to use my parenting time while I’m away?
Yes, with court approval. The designee must be a family member or another suitable adult, and the arrangement must serve the child’s best interest.
How does long-distance visitation work after PCS relocation?
Courts often grant extended visitation during school breaks and holidays, along with regular virtual contact and travel arrangements.
Does Florida retain jurisdiction if I move out of state?
Usually yes, if Florida was the child’s home state or one parent remains here. Jurisdiction is governed by the UCCJEA.
Can I modify the parenting plan after PCS relocation?
Yes, if the move creates a substantial, material, and unanticipated change in circumstances that affects the child’s best interests.
What if the other parent refuses to let me see the child after I move?
You can file a motion to enforce the time-sharing order or seek contempt remedies, including sanctions and make-up time.
Should I hire a Tampa divorce attorney if I’m dealing with PCS and custody?
Yes. These cases involve complex statutory and military-specific rules. An experienced attorney can help protect your parental rights and navigate relocation laws effectively.
Conclusion
PCS orders present unique challenges for military families navigating child custody and visitation in Florida. While service to the country requires flexibility, it does not require sacrificing parental rights. Florida law recognizes this reality and provides tailored solutions for service members facing relocation.
Whether seeking to relocate with a child, defending against a relocation request, or modifying a parenting plan due to military obligations, working with a knowledgeable Tampa divorce attorney is critical. With the right legal guidance, parents can comply with PCS orders, maintain strong relationships with their children, and ensure that custody decisions continue to serve the best interests of the child.
The McKinney Law Group: Divorce Services in Tampa Focused on Efficiency and Closure
We know that many clients want to resolve their divorce quickly and move on. At The McKinney Law Group, we help Tampa residents complete their divorce efficiently—without sacrificing the protection they need.
We offer:
✔ Streamlined uncontested divorce services
✔ Flat-fee options for qualifying cases
✔ Efficient property and custody settlement agreements
✔ Support with court filings, mediation, and final hearings
✔ Legal clarity that helps you move forward with peace of mind
Call 813-428-3400 or email [email protected] to learn more.