Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 122
Barcode 233554
CHAMBER ACTION
Senate House
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03/27/2007 03:09 PM .
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11 The Committee on Judiciary (Baker) recommended the following
12 amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Section 61.13002, Florida Statutes, is
19 created to read:
20 61.13002 Child custody modification.--
21 (1) If a supplemental petition to modify or a motion
22 for change of child custody and parental responsibility is
23 filed during the time a parent is activated, deployed, or
24 temporarily assigned to military service and the parent's
25 ability to continue as the primary caretaker of a minor child
26 is materially affected as a result, the court may not issue an
27 order or modify or amend a previous judgment or order that
28 changes custody as it existed on the date the parent was
29 activated, deployed, or temporarily assigned to military
30 service, except that a court may enter a temporary order to
31 modify or amend custody if there is clear and convincing
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 122
Barcode 233554
1 evidence that the temporary modification or amendment is in
2 the best interests of the child. When entering a temporary
3 order under this section, the court shall consider and provide
4 for, if feasible, contact between the military service member
5 and his or her child, including, but not limited to,
6 electronic communication by webcam, telephone, or other
7 available means. The court shall also permit liberal
8 time-sharing during periods of leave from military service, as
9 it is in the child's best interests to maintain the
10 parent-child bond during the parent's military service.
11 (2) If a temporary order is issued under this section,
12 the court shall reinstate the custody judgment or order
13 previously in effect upon the parent's return from active
14 military service, deployment, or temporary assignment.
15 (3) This section does not apply to permanent change of
16 station moves by military personnel, which shall be governed
17 by s. 61.13001.
18 Section 2. This act shall take effect July 1, 2007.
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22 And the title is amended as follows:
23 Delete everything before the enacting clause
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25 and insert:
26 A bill to be entitled
27 An act relating to child custody; creating s.
28 61.13002, F.S.; prohibiting a court from
29 modifying child custody during the time a
30 parent is activated, deployed, or temporarily
31 assigned to military service; providing a
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 122
Barcode 233554
1 limited exception; requiring reinstatement upon
2 parent's return from military service; limiting
3 application of the prohibition; providing an
4 effective date.
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