Military Divorce Child Custody & Child Relocation

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Military Divorce Child Custody & Child Relocation

Information Provided by: Christian Denmon, Esq.

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.

Information Provided by: Christian Denmon, Esq.

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When the Florida court decides on the issue of child custody and visitation, the gender of the parents is not considered. For example, a mother will not automatically receive custody of the children just because she is the mother. The judge must only consider what is in the best interests of the child. Florida divorce law requires Shared Parental Responsibility. This means that even though the child may live with one parent, the other parent has equal say in raising the child. Each party must be consulted on the education, health, religion, and discipline of the child. And, if the parties cannot agree on these important issues, the judge will make the decisions.

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