For military families in Tampa, orders for overseas reassignment can come with little warning. While the service member prepares to report to their new duty station, the ripple effects of that relocation can significantly impact parenting plans, time-sharing, and custody agreements. If a parent subject to a Florida court-ordered parenting plan is reassigned overseas, how does that affect their legal rights and obligations under Florida law?
These situations raise complex legal issues. Florida courts are bound to prioritize the best interests of the child, but they must also consider the unique realities of military life. For parents facing reassignment to an overseas base, either temporarily or permanently, the impact on parenting time, decision-making authority, and relocation must be carefully addressed. A knowledgeable Tampa military divorce lawyer can help navigate the legal requirements and develop a strategy that respects military commitments while protecting parental rights.
This article explains how Florida courts handle overseas reassignment of a military parent, how parenting plans are modified, and what rights and responsibilities remain intact when one parent moves thousands of miles away.
Understanding Florida Parenting Law and Overseas Moves
Florida law requires every parenting plan to be approved or ordered in the best interests of the child. Once a parenting plan is in place—whether by agreement or court order—any significant change in one parent’s residence may require court intervention.
Under Florida Statute § 61.13001, any parent who wishes to move more than 50 miles from their current residence with the child must either:
- Obtain written consent from the other parent, or
- File a petition with the court requesting permission to relocate.
This statute is known as Florida’s parental relocation statute. It applies even when a military parent receives official orders. A Tampa military divorce lawyer will ensure that military relocation is properly handled under both family and military law.
What Constitutes an Overseas Reassignment?
Military overseas assignments may be:
- Permanent Change of Station (PCS) orders,
- Unaccompanied tours (where dependents are not allowed to move with the service member),
- Temporary Duty Assignments (TDY),
- Long-term deployments with relocation.
When a service member receives PCS orders to an overseas duty station, such as Germany, Japan, or South Korea, and has children subject to a Florida parenting plan, legal consequences follow. Whether the child is expected to accompany the relocating parent or remain with the non-relocating parent in Florida, the parenting plan may need to be modified.
A Tampa military divorce lawyer will assess the orders, confirm how long the relocation will last, and determine the impact on time-sharing and legal custody.
Does the Parent Need Court Permission to Move?
Yes—if the parent intends to move the child outside Florida. Even if the move is due to military orders, the relocating parent must comply with the statutory process. If the non-relocating parent does not consent to the relocation, a judge must decide whether moving the child is in their best interests.
If the relocating parent does not intend to move the child, but instead plans to modify the time-sharing schedule while deployed or stationed abroad, court approval may still be required.
A Tampa military divorce lawyer will file the appropriate petition and propose a modified parenting plan that reflects the new realities of the overseas assignment.
Key Legal Considerations in Overseas Reassignment Cases
1. Best Interests of the Child
Florida courts will evaluate:
- The emotional relationship between the child and both parents,
- The potential benefit of the move for the child,
- The feasibility of preserving the child’s relationship with the non-relocating parent,
- The child’s age, school stability, and community ties,
- Whether the relocating parent is likely to comply with the modified parenting plan.
A Tampa military divorce lawyer will gather evidence to show that the proposed change either supports or undermines the child’s best interests, depending on whom they represent.
2. Military Orders as “Good Faith” Basis for Relocation
Military reassignment is considered a valid, good-faith reason for requesting relocation. Florida courts generally do not penalize military parents for receiving orders.
However, this does not mean the court will automatically allow a child to move overseas. The court must still apply the best interest test and ensure that the child’s development and relationship with both parents are protected.
A Tampa military divorce lawyer will frame the relocation request appropriately and avoid relying solely on the military rationale.
3. Time-Sharing During Overseas Assignment
If the child remains in Florida, the court may:
- Suspend or modify the parenting schedule temporarily,
- Award the non-relocating parent primary time-sharing,
- Allow the military parent expanded summer or holiday visitation upon return.
If the child moves overseas, the court may:
- Structure a long-distance parenting plan with detailed visitation,
- Require frequent communication via video conferencing,
- Allocate travel costs and schedules.
A Tampa military divorce lawyer will tailor the parenting plan to account for time zone differences, school schedules, and travel logistics.
4. Virtual Visitation
Florida courts support maintaining the parent-child bond even during extended absences. A parent stationed overseas is entitled to reasonable virtual visitation, including:
- Scheduled FaceTime or Zoom calls,
- Digital messaging or email,
- Shared online calendars or journals.
A Tampa military divorce lawyer will ensure that virtual visitation is included in the court order and enforced through clear language.
Filing a Petition to Relocate the Child
If a military parent receives orders and intends to take the child overseas, they must file a Petition for Relocation with Minor Child(ren). The petition must include:
- The new address and physical location,
- The mailing address (if different),
- The home telephone number,
- The date of the intended move,
- The reasons for relocation, including a copy of military orders,
- A proposed revised parenting schedule.
If the other parent does not object within 20 days, the court may grant the relocation without a hearing. If the other parent objects, the court must hold an evidentiary hearing.
A Tampa military divorce lawyer will handle the legal filings and ensure that military service is properly documented as a relocation basis.
Objecting to Relocation Based on Overseas Reassignment
A non-relocating parent may object to a proposed overseas relocation on the grounds that:
- The child’s education or medical care will be disrupted,
- The move will diminish the relationship with the non-relocating parent,
- Travel is too burdensome or expensive,
- The parent requesting relocation has not historically been the primary caregiver.
The objecting parent must file a written response within 20 days of being served. A Tampa military divorce lawyer will prepare the objection and build a case around continuity, stability, and child development.
Delegating Time-Sharing During Overseas Service
Florida law allows a parent called to military service (including overseas reassignment) to delegate their time-sharing to a relative, such as:
- A stepparent,
- A grandparent,
- Another trusted adult.
This delegation must be approved by the court and found to be in the best interests of the child. The parenting plan should specify:
- Who may serve as a designee,
- The duration of delegation,
- The rights and limits of the substitute custodian.
A Tampa military divorce lawyer will include this delegation language in the parenting plan to preserve the military parent’s rights during long absences.
Addressing International Custody Jurisdiction
If the child moves overseas, Florida courts may retain continuing jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), so long as:
- Florida was the child’s home state within the last six months,
- The child’s absence is temporary due to military orders,
- One parent still resides in Florida.
However, if the child remains abroad for years, and both parents leave Florida, jurisdiction may shift.
A Tampa military divorce lawyer ensures the parenting order complies with international custody laws and remains enforceable under the UCCJEA.
Handling School Enrollment, Medical Care, and Decision-Making
Military moves often raise practical concerns:
- Who will enroll the child in school?
- Who will consent to medical care?
- Who controls passports and international travel?
The parenting plan must specify whether parental responsibility is:
- Shared, or
- Sole, with one parent authorized to make major decisions.
In overseas relocation cases, courts may award sole parental responsibility to one parent for limited areas like healthcare or education, especially if communication is hindered by time zone differences or foreign regulations.
A Tampa military divorce lawyer will draft provisions that preserve decision-making rights while allowing the child’s needs to be met efficiently abroad.
Who Pays for International Travel?
Travel expenses can be significant. The parenting plan should allocate:
- Responsibility for airfare (e.g., split equally, or one parent pays),
- Airport pickup and drop-off duties,
- Travel documentation, such as passports and visas.
In some cases, courts may order the relocating parent to bear the majority of travel costs, particularly if the move was voluntary and not required by law.
A Tampa military divorce lawyer can help propose equitable travel arrangements based on financial ability and fairness.
Reinstating the Original Parenting Plan
Upon return from overseas service, the original parenting schedule should automatically resume, unless the court orders otherwise. This protects military parents from permanent loss of custody due to temporary assignments.
The parenting plan should specify:
- Notice requirements before return,
- Timeline for resuming normal exchanges,
- Adjustment periods (e.g., gradual reintroduction).
A Tampa military divorce lawyer ensures reinstatement language is clear and protects against disputes when the assignment ends.
Emergency Motions and SCRA Protections
If legal disputes arise while the service member is overseas, they may be protected by the Servicemembers Civil Relief Act (SCRA), which allows:
- Delays (stays) in proceedings,
- Protection against default judgments,
- Remote appearances in court.
A Tampa military divorce lawyer can invoke SCRA protections while ensuring the case progresses appropriately.
Mediation and Overseas Reassignment
Many parenting plans are created or modified during mediation. A successful mediated agreement should:
- Incorporate the military parent’s orders,
- Define the duration of relocation,
- Include fallback provisions for early return or extended assignments,
- Address passport issuance and renewals,
- Allow virtual parenting options.
A Tampa military divorce lawyer will guide the mediation and ensure all relevant issues are addressed and incorporated into a legally sound agreement.
Enforcement of Parenting Plans Across Borders
Even when one parent lives abroad, Florida courts retain authority to enforce their orders. Enforcement options include:
- Contempt proceedings,
- Writs of bodily attachment,
- Registration of foreign judgments under international treaties.
A Tampa military divorce lawyer can coordinate with military legal assistance, U.S. consulates, and foreign courts to protect a parent’s rights and ensure compliance.
FAQ: Overseas Reassignment and Florida Parenting Plans
Q: Do I need court permission to take my child overseas if I’m reassigned?
A: Yes, unless the other parent consents in writing. You must file a relocation petition and obtain court approval.
Q: Can the court deny my request to relocate with my child?
A: Yes, if it’s not in the child’s best interests. Military orders are a valid reason but not a guarantee of approval.
Q: Can I lose custody because I’m stationed overseas?
A: No. Florida law prohibits penalizing a parent for military service. Courts may modify the plan temporarily but must reinstate it upon return.
Q: Will I get makeup parenting time after I return?
A: Yes, if the parenting plan includes compensatory time-sharing. This must be requested and documented in the plan.
Q: Can I talk to my child while I’m overseas?
A: Yes. Virtual visitation should be included in the parenting plan to ensure consistent communication.
Q: What if my ex won’t let me talk to our child during my reassignment?
A: A Tampa military divorce lawyer can file an enforcement action and request contempt sanctions for violating the parenting plan.
Q: Do I have to pay for the child’s travel to visit me?
A: It depends on the parenting plan. Courts may divide travel costs equitably or assign them based on income and fairness.
Q: Can I modify the parenting plan before I leave for overseas duty?
A: Yes. You should file a petition to modify or seek a temporary order that accounts for your new assignment.
Q: Will my overseas service affect my legal rights as a parent?
A: No. You retain all legal rights, but practical adjustments may be necessary. A Tampa military divorce lawyer can ensure your rights are preserved.
Q: Can I enforce a Florida parenting plan overseas?
A: In many cases, yes. Enforcement may require coordination with U.S. authorities and foreign agencies, which your attorney can manage.
The McKinney Law Group: Helping Tampa Military Families Navigate Divorce with Precision
At The McKinney Law Group, we know that a military divorce is more than paperwork—it’s a transition that affects your service, your benefits, and your family. We guide Tampa clients through this process with experience, honesty, and clarity.
We support you in:
✔ Dividing retirement accounts and benefits earned through service
✔ Addressing custody matters tied to training, deployments, and PCS
✔ Resolving conflicts between Florida law and federal military regulations
✔ Determining where and how to file based on military residency rules
✔ Creating a forward-looking legal strategy with confidence
Call 813-428-3400 or email [email protected] to take the next step.