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Military Divorce Child Custody & Child Relocation

All child custody cases deal with issues such as time-sharing and child support, whether the case is a civilian or a military one.

The Military Parent and Florida Child Relocation

The state of Florida considers a minor child’s needs and interests above all else. According to public policy, one of a minor child’s biggest needs is seeing both parents on a regular basis. If a parent wishes to relocate with the child more than 50 miles from his or her current address, then the parent must get permission from court or clear the relocation with the other parent. This is regardless if the relocating parent is the minority timesharing parent.

A military service member who receives orders to relocate is not relieved of his or her obligations of Florida child relocation. He or she must still seek consent of the other party or go to court for a hearing on your relocation concerns.

Temporary Leave

A military member parent, at some point, may be deployed as part of his or her duties. Florida lawmakers protect this individual in two ways:

  • Making no permanent changes to the parenting plan while parent is deployed
    According to Florida statute, the court is forbidden from modifying the parenting plan and timesharing agreement while the military parent is temporarily deployed. A temporary change may be made, however, if it can be shown that it is in the child’s best interests.
  • Designation of another family member
    If a military member is deployed for at least 90 days, then Florida statute gives him or her the authority to designate a family member as caretaker of the child. It must be noted that this designation is limited to a stepparent, grandparent, or relative by marriage.
    The designation must be made in writing, and given to the other parent at least ten days before deployment.

Do You Have Questions About Florida Military Divorce?

If you have questions regarding military family law matters in Florida contact an experienced family law attorney with military divorce experience.


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Alimony in Florida can be requested when one spouse needs financial assistance. In order to qualify for alimony, the requesting spouse must prove need and that the paying spouse is financially able to make the payments. Alimony is typically a set amount which is paid monthly for a set period of time or until certain circumstances occur, such as remarriage. Alimony is not as common as one may think. The Florida divorce court can award temporary alimony until the final divorce hearing is held. Then, at the final divorce hearing, the court can order permanent alimony if it is requested and necessary.
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