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Law Offices of Stephen K. Miller, P.A
 

I'm in the military and may be deployed, what are my rights under Florida law regarding time-sharing with my child?

Florida law designates certain rights to protect a military member's time-sharing with his/her children. Issues unique to members of the armed services such as deployments and service assignments may interfere with time-sharing or other custody issues. In Florida, the law designates special provisions for those serving in the military with regards to custody matters. Additionally, court cases regarding military members are often afforded priority on the Judge's calendar since time may be of the essence.

Florida law states that if a military member needs a change to the time-sharing arrangement due to an activation, deployment or temporary military assignment, the Court should not consider a permanent modification to the time-sharing arrangement. However, the Court can enter a temporary order modifying time-sharing if it is in the best interest of the child or children. This provision protects service members from being prejudiced long-term by circumstances outside of their control in custody cases.

Furthermore, if a member of the military's deployment or assignment interferes with a court-ordered time-sharing schedule, then that parent may designate a person to exercise time-sharing on their behalf. This time-sharing designee must be a family member, stepparent, or other relative of the child by marriage, and the other parent has only a limited ability to object to the designee.

In order to designate a person to exercise their time-sharing, the parent must submit a request in writing and provide it to the other parent within ten (10) working days before the court-ordered time-sharing period begins. If no agreement can be reached between both parents, then the parent seeking a time-sharing designee may request an expedited hearing before a Judge.

Custody modifications are complicated matters that should be handled by professionals. Don't attempt to represent yourself, consult with an experienced family law attorney before you make any mistakes that could be detrimental to your case.

In addition to custody matters, our firm also takes on cases involving child support, divorce, relocation issues, domestic violence injunctions, will and probate, criminal defense, personal injury, medical malpractice, and wrongful death cases. While our main office is in Gainesville, we also handle family law matters through our satellite offices in Ocala, Chiefland, Lake City, and Palatka.

For help with your legal issue, contact the Law Offices of Stephen K. Miller for a free phone consultation at (866) 496-8752 or via email at Info@ForYourLaw.com

BY: Stephanie N. Mack, Board Certified Marital & Family Law Attorney

December 3, 2012
 
 
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