Introduction: Reclaiming Your Role as a Parent After Deployment
Military service members who return from combat zones often face more than just physical and psychological reintegration—they also face the complex task of re-establishing relationships with their children. For divorced or separated parents in Florida, this challenge is compounded by legal obstacles related to time-sharing. When service in a combat zone has interrupted regular contact with a child, modifying the time-sharing agreement is often necessary to reflect the returning parent’s ability and right to re-engage in active parenting.
Florida law recognizes the unique sacrifices made by military parents and has established legal protections to ensure their time away does not unfairly affect their parental rights. But even with these safeguards, navigating a time-sharing modification after returning from combat requires strategic planning, solid legal argumentation, and, often, judicial approval.
A seasoned Tampa divorce lawyer understands the nuances of Florida family law, the intersection with federal military protections, and the practical steps required to help returning service members restore or expand their parenting time. This article explores the legal process, strategic considerations, and best practices for modifying time-sharing after returning from combat zones.
Understanding Florida’s Approach to Military Parents
Florida law provides protections for military parents under Florida Statutes § 61.13002. These provisions prevent courts from modifying time-sharing solely due to the parent’s military service and allow for temporary modifications during periods of deployment, activation, or mobilization.
Key protections include:
- Prohibition on Permanent Changes: Time-sharing cannot be permanently modified solely because a parent is deployed.
- Temporary Modifications: Courts may temporarily modify time-sharing during a parent’s military absence, often allowing another family member to exercise the parent’s rights.
- Restoration Upon Return: The original time-sharing schedule must be reinstated once the parent returns unless the court finds that doing so is not in the child’s best interest.
These statutes give military parents a legal foundation for reasserting their time-sharing rights after combat deployment. But reinstating or modifying a parenting plan still requires judicial approval—and that’s where a Tampa divorce lawyer becomes essential.
When Is a Time-Sharing Modification Appropriate?
Returning from a combat zone doesn’t automatically change the parenting schedule. A formal modification is necessary if:
- The returning parent wants more time than what was temporarily allotted
- The parenting plan needs to revert to its pre-deployment version
- Circumstances have changed significantly since the original agreement
- The child has grown and their needs or wishes have evolved
- The other parent is resisting reinstatement or adjustment of time-sharing
Under Florida law, a parent seeking to modify a time-sharing arrangement must show a substantial, material, and unanticipated change in circumstances and that the proposed change is in the best interest of the child.
Returning from a combat deployment often satisfies the change-in-circumstance requirement. A Tampa divorce lawyer can help document the change and demonstrate that increased involvement benefits the child.
The Role of the Parenting Plan in Military Families
Florida requires all parents with minor children to submit a detailed parenting plan when divorcing or resolving paternity issues. A military parenting plan should address:
- Communication during deployment (email, video calls)
- Temporary delegation of time-sharing
- Reinstatement procedures post-deployment
- Adjustments based on service obligations
Unfortunately, not all plans are created with future deployment in mind. If the existing parenting plan fails to contemplate military service, a modification may be necessary after the parent’s return.
A Tampa divorce lawyer can either enforce reinstatement or file a supplemental petition to revise the agreement in line with the parent’s renewed availability.
Filing a Petition to Modify Time-Sharing
The first formal step is filing a Supplemental Petition to Modify Time-Sharing with the circuit court that issued the original order. The petition must include:
- A clear statement of the substantial change in circumstances
- The current time-sharing schedule
- The proposed new schedule
- Justification that the change is in the child’s best interest
A Tampa divorce lawyer will prepare and file this petition, serve it on the other parent, and initiate the court process.
The burden of proof lies with the moving parent, so documentation—such as deployment orders, return dates, and evidence of parental involvement—is essential.
Gathering Evidence to Support the Modification
When seeking a post-deployment modification, the court will want evidence of:
- The parent’s efforts to maintain contact during deployment
- The quality of the pre-deployment relationship
- The child’s current routine and adaptability
- The returning parent’s housing and work stability
- Any attempts by the other parent to block communication
Letters, school records, photographs, call logs, emails, and declarations from family members or counselors can all support the modification request.
A Tampa divorce lawyer ensures this evidence is organized, admissible, and tailored to the statutory “best interest” factors under Florida law.
Dealing with Parental Resistance or Alienation
Unfortunately, not all co-parents are cooperative. If the other parent:
- Refuses to reinstate the previous schedule
- Fails to facilitate communication during deployment
- Alienates the child or discourages bonding
- Claims the child no longer wants to see the returning parent
then legal intervention becomes even more critical.
Courts take a dim view of parental alienation. A Tampa divorce lawyer can:
- File a motion to compel reinstatement
- Request a psychological evaluation or parenting coordinator
- Present evidence of bad faith or manipulation
- Seek sanctions or modifications based on noncompliance
Time lost during deployment should not be used as a weapon. Florida law supports restoration of time-sharing when done in good faith.
Reintegration and Gradual Time-Sharing Rebuilds
Depending on the length of the deployment and the child’s age, a gradual reintroduction of time-sharing may be advisable. Courts sometimes prefer a step-up plan that:
- Starts with daytime visits
- Progresses to overnight visits
- Eventually leads to extended weekends or 50/50 time-sharing
This approach helps rebuild familiarity and avoids overwhelming the child. It also gives the court confidence that the child’s best interests are being respected.
A Tampa divorce lawyer can propose a structured, phased parenting plan that balances reunification with emotional readiness.
Virtual Visitation Provisions
For active-duty parents, especially those subject to future deployments, virtual visitation should always be included. This ensures the parent maintains connection even when physical time-sharing isn’t possible.
Courts often order:
- Scheduled weekly video calls
- Shared digital calendars for events and updates
- Participation in school conferences via video
- Recording and sharing extracurricular activities
Virtual parenting time must be taken seriously and enforced as part of the parenting plan. A Tampa divorce lawyer can include these terms as a fallback option and advocate for consequences when they are ignored.
Relocation Considerations for Military Parents
Sometimes, returning from deployment means relocating due to military orders or career shifts. Florida’s relocation statute (F.S. § 61.13001) applies when a parent moves more than 50 miles for at least 60 consecutive days.
The relocating parent must either:
- Obtain written consent from the other parent, or
- Petition the court for approval
Factors the court will consider include:
- Impact on the child’s education and social life
- Feasibility of preserving the non-relocating parent’s access
- The child’s relationship with both parents
- Reason for the move
A Tampa divorce lawyer helps military parents comply with these rules while preserving their parental rights.
Modifying Parental Responsibility
Time-sharing refers to physical custody, but parental responsibility involves decision-making authority over:
- Education
- Health care
- Religious upbringing
- Extracurricular activities
If a parent’s return from deployment signals a desire to become more involved in these areas, they may also seek a modification of parental responsibility. Courts can award:
- Shared parental responsibility (default)
- Shared parental responsibility with ultimate decision-making authority
- Sole parental responsibility (in rare cases)
A Tampa divorce lawyer can argue for a change in decision-making rights if the returning parent can show it serves the child’s best interest.
Guardianship and Delegation During Deployment
Florida law allows deployed service members to delegate temporary custody to a family member or trusted adult during their absence. However, this delegation does not automatically transfer back upon return.
If issues arise—such as the other parent refusing to return the child—then a Tampa divorce lawyer can file a motion to enforce the parenting plan and reinstate the returning parent’s rights.
The court will likely favor reinstatement unless there is evidence of harm or serious disruption to the child’s welfare.
Psychological and Emotional Considerations
Reintegration can be emotionally challenging for both the parent and the child. Courts will consider:
- The child’s emotional response to the parent’s return
- Whether the parent has experienced trauma affecting parenting ability
- The need for reunification therapy or counseling
- Impact of prolonged absence on attachment and trust
Judges may require expert assessments or testimony from therapists to determine whether immediate full-time sharing is appropriate.
A Tampa divorce lawyer can coordinate mental health evaluations and advocate for plans that support both emotional and legal reunification.
Enforcement of Military Parenting Rights
If the other parent refuses to comply with the parenting plan after the returning parent’s combat deployment, enforcement remedies include:
- Contempt proceedings
- Make-up time
- Modification of time-sharing
- Attorney’s fees for the wronged parent
Florida courts protect military parents from being penalized for their service. A Tampa divorce lawyer can bring motions for enforcement to compel compliance or recover missed time.
Anticipating Future Deployments
Even after reinstatement, military parents may face future deployments. A revised parenting plan should include:
- Notification requirements for future service
- Updated virtual visitation procedures
- Delegation of time-sharing rights
- Post-deployment reintegration strategies
Having these provisions in place saves time, money, and emotional energy if future service becomes necessary. A Tampa divorce lawyer will draft forward-looking terms that balance service obligations with parental stability.
Conclusion: Rebuilding Time with Your Child After Serving Your Country
Service in a combat zone is a noble sacrifice. Returning home should not mean sacrificing your role as a parent. Florida law supports the rights of military parents to resume or modify time-sharing arrangements after deployment—but it requires careful legal action, detailed documentation, and sometimes aggressive advocacy.
Whether seeking to reinstate a prior schedule, expand involvement, or confront an uncooperative co-parent, returning service members need strategic guidance. A Tampa divorce lawyer will ensure the court sees the full picture: a parent who stepped away for duty, and who has returned ready to resume a vital role in their child’s life.
With the right legal approach, time-sharing can be restored—and the parent-child bond can be rebuilt stronger than ever.
FAQ: Time-Sharing Modifications After Combat Deployment
Can I get my full time-sharing back after returning from deployment?
Yes. Florida law favors reinstating the original time-sharing plan upon your return unless doing so would harm the child.
Do I have to go to court to modify time-sharing after deployment?
If the current plan does not reflect your desired level of involvement, you must file a petition for modification.
Is military service a valid reason to modify the parenting plan?
Yes. Returning from deployment often satisfies the “substantial change in circumstances” standard required for modification.
Can the other parent stop me from seeing my child after I return?
No. If they interfere, a Tampa divorce lawyer can file an enforcement action or contempt motion.
What if my child doesn’t remember me or is hesitant?
Courts may implement a gradual reunification plan or therapy-based transition, but will generally support rebuilding the relationship.
How do I prove that I’m ready to resume time-sharing?
Provide evidence of stability, safe housing, community ties, and emotional readiness. Documentation matters.
Can I modify decision-making authority too?
Yes, if you can show it’s in the child’s best interest for you to share or assume more parental responsibility.
What if I plan to deploy again?
The parenting plan should include contingencies for future service, including virtual visitation and delegation of time-sharing.
Can I get back time I missed during deployment?
In some cases, courts grant make-up time. A Tampa divorce lawyer can file a motion requesting this relief.
When should I start the modification process?
As soon as your return date is confirmed. Early action ensures your rights are protected from day one.
The McKinney Law Group: Tampa Divorce Attorneys Helping You Make Informed Decisions
At The McKinney Law Group, we believe that empowered clients make better legal choices. That’s why we focus on education, transparency, and strategy in every Tampa divorce case—so you know exactly where you stand and where you’re going.
We help with:
✔ Divorce filing and pre-case planning
✔ Negotiating parenting arrangements that prioritize your child
✔ Equitable asset and debt distribution
✔ Spousal and child support that reflects financial realities
✔ Modifying divorce terms as circumstances evolve
Schedule a consultation at 813-428-3400 or [email protected] today.