Military life is defined by unique demands: unpredictable schedules, frequent moves (PCS), temporary duty assignments (TDY), and the ever present possibility of deployment. These realities shape every aspect of a service member’s life, and they place extraordinary stress on family relationships. When a military marriage ends, the process of creating a fair and functional Parenting Plan – the legally binding document outlining timesharing and parental responsibilities – becomes significantly more complex than for civilian families.
In Florida, all divorces involving minor children require a Parenting Plan that prioritizes the “best interests of the child” (Florida Statute § 61.13). However, a standard, boilerplate Florida Parenting Plan is woefully inadequate for the realities of military service. Vague language like “reasonable timesharing” or “as mutually agreed” might work for parents living predictable lives in the same town, but for military families facing potential deployments across the globe or PCS orders dropping with little notice, these ambiguities are invitations to chaos, conflict, and costly future litigation.
A military divorce requires a military specific Parenting Plan. It needs to be a meticulously crafted, forward thinking document that anticipates the unique challenges of military life – deployments, relocations, demanding schedules – and builds in clear, enforceable solutions before crises arise. This is not a “fill in the blank” exercise. It requires a deep understanding of both Florida family law and the specific federal regulations and practical realities impacting service members. Crafting such a plan is a critical mission, one best undertaken with an experienced Tampa military divorce lawyer who knows how to navigate this specialized terrain.
The Foundation: Florida Law and the “Best Interests” Standard
Before addressing military specific issues, remember that any Parenting Plan in Florida must comply with state law, primarily Chapter 61 of the Florida Statutes. The guiding principle is always the “best interests of the child.” Florida Statute § 61.13 outlines numerous factors a court must consider, including:
- The demonstrated capacity of each parent to facilitate a close relationship between the child and the other parent.
- The division of parental responsibilities and tasks.
- The capacity of each parent to determine, consider, and act upon the needs of the child.
- The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
- The geographic viability of the parenting plan (especially relevant for relocations).
- The moral fitness and mental/physical health of the parents.
- The child’s preference (if mature enough).
- Evidence of domestic violence, child abuse, or neglect.
- Each parent’s capacity to protect the child from the litigation.
A military friendly plan must still address all standard Florida requirements regarding health insurance, child care, communication, and decision making authority (shared or ultimate). However, it then requires significant, detailed additions to account for the unique variables of military service. Your Tampa military divorce lawyer ensures the plan is both legally compliant in Florida and practically functional for your military reality.
Why Standard Florida Plans Fail Military Families
Imagine a typical civilian Parenting Plan approved by a Tampa court:
- Timesharing: “Mother shall have majority timesharing. Father shall have timesharing every other weekend and Wednesday evenings.”
- Holidays: “Parents shall alternate Thanksgiving and Christmas annually.”
- Communication: “Parents shall communicate via text or email as needed regarding the children.”
- Relocation: “Neither parent shall relocate the child more than 50 miles without written agreement or court order.”
Now, overlay military reality:
- Father receives orders for a one year unaccompanied deployment to Korea. The “every other weekend” schedule is instantly impossible. Who cares for the child? Does Father lose all contact? What happens when he returns? The standard plan is silent.
- Mother is active duty and receives PCS orders to California. She assumes her orders override the plan. She moves. Father files an emergency motion under Florida’s relocation statute. The standard plan’s simple 50 mile limit provides no pre planned solution for this inevitable military event, guaranteeing expensive litigation.
- Father is deployed on a submarine with limited, unpredictable email access. The “communicate as needed via text/email” clause is useless. How does he maintain a relationship?
- Mother’s holiday leave block doesn’t align neatly with the “alternating Thanksgiving/Christmas” schedule. Does she forfeit her holiday time?
These scenarios highlight the critical failure points. Standard plans assume stability, proximity, and predictability – three things often absent in military life. A Tampa military divorce lawyer experienced with service members anticipates these conflicts.
Pillar 1: Deployment & Extended TDY – Planning for the Unpredictable
Deployments and long term temporary duty assignments are a fact of military life. Florida law specifically addresses timesharing for deployed service members in Statute § 61.13001 (“Parental responsibility and timesharing of children of servicemembers”). Your Parenting Plan must incorporate and expand upon these provisions with meticulous detail.
Essential Deployment Clauses:
- Strict Notice Requirements: The plan must mandate immediate notification upon receipt of deployment/mobilization orders, or orders for any TDY exceeding a specific duration (e.g., 30 or 60 days).
- Example Clause: “Either parent receiving military orders for deployment, mobilization, or temporary duty anticipated to exceed sixty (60) days shall provide a copy of said orders and all available itinerary information (location, expected duration, communication availability) to the other parent via [agreed method, e.g., OurFamilyWizard] within seventy two (72) hours of receipt, or as soon as military protocol allows.”
- Temporary Modification During Deployment: Florida Statute § 61.13001 allows for a temporary modification of the timesharing schedule during deployment. The plan should outline the process for this.
- Example Clause: “Upon notification of deployment exceeding ninety (90) days, the parties shall confer and attempt to agree upon a Temporary Parenting Plan addressing timesharing and communication during the deployment period within fourteen (14) days. If no agreement is reached, either party may petition the court for temporary relief pursuant to F.S. § 61.13001 without the need for mediation.”
- Delegation of Timesharing (Highly Complex – Requires Expert Drafting): Florida law permits a deploying parent to petition the court to temporarily delegate some or all of their timesharing rights to a designated family member (like a grandparent or current spouse) with whom the child has a close relationship. This is not automaticand requires court approval based on the child’s best interests.
- Why it’s Complex: The non deploying parent often objects strongly. The court must carefully weigh the child’s relationship with the proposed designee versus maximizing time with the non deploying parent.
- Essential Clause (If Agreed/Ordered): “If Father is deployed, and upon written agreement of the parties or further court order pursuant to F.S. § 61.13001(1)(d), Father’s weekend timesharing [or specify portion] may be temporarily exercised by the Paternal Grandmother, [Name]. This delegation is temporary and terminates immediately upon Father’s return. The Paternal Grandmother shall adhere to all communication and conduct provisions of this Parenting Plan.” A Tampa military divorce lawyer is essential for drafting or contesting this type of clause.
- Mandatory Make Up Timesharing: This is crucial. The deployed parent must have the opportunity to make up for lost time. Vague promises are insufficient.
- Example Clause: “Upon return from any deployment or TDY exceeding thirty (30) days, the returning parent shall be entitled to make up timesharing equivalent to the number of overnights missed. This make up time shall be exercised within six (6) months of return, taking priority over the regular schedule, and shall be scheduled by mutual agreement. If the parents cannot agree on a schedule within thirty (30) days of the parent’s return, the returning parent shall designate the make up dates/times via [co parenting app], providing at least fourteen (14) days’ notice, provided such schedule does not unreasonably interfere with the child’s major school or pre scheduled major holiday activities.” (Alternative formulas like specific blocks of time can also be used).
- Specific Communication During Deployment: Maintaining the parent child bond is paramount.
- Example Clause: “During any period of deployment or extended TDY preventing regular timesharing, the absent parent shall be entitled to communicate with the child via video call (e.g., FaceTime, Skype) at least twice per week for a minimum of thirty (30) minutes per call, at times mutually agreed upon considering time zone differences and the child’s schedule. The residential parent shall be responsible for making the child available and ensuring necessary technology is functioning. Additionally, unlimited communication via email or approved messaging app (e.g., Messenger Kids) shall be permitted.”
Addressing deployment proactively prevents frantic, last minute court filings when orders are cut and protects the service member’s relationship with their child. Any Tampa military divorce lawyer knows these clauses are non negotiable.
Pillar 2: PCS Moves & Florida’s Strict Relocation Law
Perhaps the most common source of post divorce litigation for military families is the Permanent Change of Station (PCS) move. This pits the service member’s mandatory orders against Florida’s Relocation Statute (§ 61.13001).
The Critical Misconception: Many service members (and even some lawyers unfamiliar with military cases) believe that military orders automatically grant permission to relocate with the child. This is dangerously false.
Florida’s Relocation Statute: This law applies to everyone, including military members. It states that a parent seeking to relocate the child more than 50 miles from their current residence for at least 60 consecutive days MUST either:
- Obtain the written, notarized consent of the other parent; OR
- File a formal Petition to Relocate with the court and obtain a court order before moving.
Military orders do NOT substitute for this legal requirement. A parent who moves with the child based solely on PCS orders, without the other parent’s written consent or a court order, has likely violated Florida law and could face severe consequences, including being ordered to immediately return the child and potentially losing custody. This is a legal minefield requiring immediate consultation with a Tampa military divorce lawyer.
Essential Relocation Clauses for Military Plans:
While you cannot “waive” the Relocation Statute entirely, your Parenting Plan can build in procedures to manage the inevitability of PCS moves more smoothly.
- Advance Notice Requirement: “Either parent receiving PCS orders shall provide a copy of the orders and all available information regarding the new duty station (location, reporting date, potential housing) to the other parent via [agreed method] within seven (7) days of receipt.”
- Mandatory Conferral Period: “Upon receipt of PCS orders necessitating relocation beyond 50 miles, the parents shall confer in good faith for a period of twenty one (21) days to attempt to reach a written agreement regarding a modified long distance timesharing schedule and consent to relocation, pursuant to F.S. § 61.13001.”
- Contingent Long Distance Schedule: This is the most crucial proactive step. Draft a detailed long distance timesharing schedule now, which automatically takes effect if relocation is agreed upon or ordered later. This avoids having to litigate the schedule from scratch under extreme time pressure when orders arrive.
- Example Provisions:
- “In the event of relocation, the non relocating parent shall have timesharing for the entire Summer break, excluding the first and last week.”
- “The parents shall alternate Spring Break annually, with the non relocating parent having odd numbered years.”
- “The parents shall alternate Thanksgiving Break and the first half/second half of Winter Breakannually [specify which parent gets which in odd/even years].”
- “The non relocating parent shall be entitled to one additional weekend per semester in the child’s location, provided they give 30 days’ notice.”
- Example Provisions:
- Detailed Travel Arrangements: Ambiguity here breeds conflict.
- Who Pays? “The relocating parent [or specify other arrangement, e.g., shared proportionally] shall be responsible for 100% of the minor child’s round trip transportation costs (airfare, unaccompanied minor fees, baggage fees, ground transport) for all court ordered long distance timesharing.”
- Who Travels? “For children under age [e.g., 10], the non relocating parent shall travel to the child’s location for pick up and drop off, unless otherwise agreed. For children age [10] and older, the child may travel as an unaccompanied minor via commercial airline, with the sending parent responsible for airport drop off/gate escort and the receiving parent responsible for pick up.” Specify airline choice protocols, flight information exchange deadlines.
- Jurisdiction (UCCJEA): “Pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Florida is the child’s ‘Home State.’ The parties acknowledge that future relocation may impact jurisdictional analysis, and agree to cooperate in addressing any future jurisdictional issues consistent with the UCCJEA.” While you cannot pre determine future jurisdiction, acknowledging the UCCJEA framework is important. Consulting a Tampa military divorce lawyer on specific jurisdictional language is wise.
By building these provisions in now, you create a predictable framework that significantly reduces the likelihood of emergency court filings and battles when the inevitable PCS orders arrive.
Pillar 3: Communication – Bridging the Distance
Consistent, reliable communication is vital, especially when distance and deployments are factors. Standard clauses are insufficient.
Essential Communication Clauses:
- Mandatory Co Parenting App: “All non emergency communication between the parents regarding the minor child shall occur exclusively through the OurFamilyWizard [or TalkingParents/AppClose] application. Both parents shall check the application at least once every 24 hours.” This creates a single, admissible record and reduces hostile exchanges.
- Scheduled Video Calls: Define frequency and duration. “The non residential parent shall be entitled to video calls with the child three (3) times per week (e.g., Sunday, Tuesday, Thursday evenings) for a minimum of 30 minutes, at times mutually agreed upon considering time zones. The residential parent shall make the child available and ensure technology is functional.”
- Unfettered Access to Records: “Both parents shall have independent, unfettered access to all school records (including online portals), medical records, dental records, and extracurricular activity information. Both parents shall be listed as contacts/emergency contacts on all official forms. The parent enrolling the child in any new school or activity shall provide the other parent with all relevant contact information within 48 hours.”
- Decision Making During Short Absences: “During any period where one parent is unavailable due to military duty (e.g., field training, short TDY) lasting less than fourteen (14) consecutive days, the available parent shall have temporary authority to make day to day decisions for the child. For any non emergency medical or educational decisions during such period, the available parent shall make reasonable efforts to consult the unavailable parent via [agreed method].”
Clear communication rules prevent misunderstandings and ensure both parents remain actively involved, regardless of geography. A Tampa military divorce lawyer will ensure these clauses are robust.
Pillar 4: Addressing Military Specific Logistics
Small details unique to military life can become major sources of conflict if not addressed.
- Base Access: “If timesharing exchanges, school events, or medical appointments occur on a military installation, the service member parent shall take all necessary steps to ensure the civilian parent has timely and appropriate base access, including arranging visitor passes as required by installation regulations.”
- Exchange Locations: Be specific. If conflict is high, avoid “parent’s residence.” Consider neutral locations off base, or specific, easily accessible locations on base (like the Youth Center parking lot) if agreed.
- Military Family Life Counselors (MFLC) / Fleet & Family Support: Consider including provisions encouraging or allowing joint consultation with these free, confidential resources if communication breaks down.
Enforcement and Future Modifications
Military life guarantees change. Your meticulously crafted plan will need adjustments over time.
- Strong Enforcement Language: Include a clause stating that any parent who fails to comply with the Parenting Plan without proper cause shall be responsible for the other parent’s attorney’s fees and costs incurred in enforcing the plan. This gives the plan teeth.
- Modification Clause: Acknowledge that the plan is modifiable based on a “substantial, material, and unanticipated change in circumstances” under Florida law. Explicitly state that receipt of PCS orders or deployment orders mayconstitute such a change, triggering the need to revisit the plan (using the procedures outlined within it).
Conclusion: Build Your Plan on Solid Ground
A Parenting Plan for a military family cannot be an afterthought. It is the operational blueprint for your co parenting relationship in the face of constant change and potential crisis. A vague, standard Florida plan virtually guarantees future conflict, costing you time, money, and emotional energy, while potentially harming your children’s stability and their relationship with both parents.
Creating an effective, “military friendly” plan requires foresight, meticulous detail, and a deep understanding of the interplay between Florida law, federal regulations, and the unique realities of military service. It requires anticipating future challenges—deployments, PCS moves, communication barriers—and building in specific, enforceable solutions now.
This level of detail and strategic planning is not intuitive. It is the product of experience. Do not leave your children’s future to chance or rely on a generic form. Invest in a plan that is built for the realities you face. Consult with a knowledgeable Tampa military divorce lawyer who specializes in these complex cases. They are your essential partner in crafting a Parenting Plan that is truly “mission ready” – protecting your rights, preserving your relationship with your children, and providing the stability they need to thrive, no matter where military life takes them. A dedicated Tampa military divorce lawyer is crucial. Finding the right Tampa military divorce lawyer makes all the difference. Ensure your Tampa military divorce lawyer has the right experience. Choose your Tampa military divorce lawyer wisely.
Frequently Asked Questions (FAQ)
Can my military orders automatically change our Florida timesharing schedule? No. Military orders (like deployment or PCS) do not automatically override a Florida court ordered Parenting Plan. You MUST either get the other parent’s written, notarized agreement to change the schedule or obtain a court order modifying it, even if the change is temporary.
What happens if I get deployed and we don’t have deployment language in our plan? You (or your Tampa military divorce lawyer) will need to file an emergency or expedited motion with the Florida court under Statute § 61.13001 to get a temporary order addressing timesharing, communication, and potentially delegation of time during your absence. It is far better to plan for this in advance.
Do I have to follow Florida’s 50 mile relocation rule if I get PCS orders out of state? Yes. Military orders do notexempt you from Florida Statute § 61.13001. You must get the other parent’s written consent or file a Petition to Relocate and get a court order before moving the child more than 50 miles, even with PCS orders.
Can I designate my new spouse to take my timesharing during deployment? Florida law allows a deploying parent to request delegation of timesharing to certain family members, including a stepparent, if the court finds it is in the child’s best interest. It is not automatic and often requires agreement or a contested hearing. This needs careful legal handling by a Tampa military divorce lawyer.
Why is using a co parenting app like OurFamilyWizard so important? In high conflict or long distance cases, these apps create a single, documented, and admissible record of all communication. They often include shared calendars and expense tracking, which minimizes disputes, prevents “he said/she said,” and holds both parents accountable.
The McKinney Law Group: Legal Support for Tampa Military Members Facing Divorce
From relocation issues to military retirement benefits, we help Tampa service members and spouses handle the complex legal and financial aspects of military divorce.
Call 813-428-3400 or email [email protected] to learn more.