Senate Bill sb0122

    Florida Senate - 2007                                   SB 122

    By Senator Posey





    24-86-07

  1                      A bill to be entitled

  2         An act relating to child custody; creating s.

  3         61.5065, F.S.; prohibiting a court from

  4         modifying a child custody order that involves a

  5         member of the National Guard or a United States

  6         military reserve unit who is called to active

  7         duty; providing a limited exception; providing

  8         an effective date.

  9  

10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Section 61.5065, Florida Statutes, is

13  created to read:

14         61.5065  Parent called to active military duty;

15  modification of child custody prohibited; exception.--

16         (1)(a)  If a parent who is a member of the National

17  Guard or United States Reserve Forces is called into active

18  military duty, a court may not, during the period that such

19  parent is on active duty, modify a previous judgment or child

20  custody order or issue a new order that changes a child's

21  custody placement as it existed on the date the parent was

22  called to active duty.

23         (b)  The court may, however, enter a temporary

24  change-of-custody order if there is clear and convincing

25  evidence that a temporary change of custody while the parent

26  is on active duty is in the best interest of the child.

27         (c)  If a temporary change-of-custody order is entered,

28  upon the parent's return from active military duty the court

29  shall reinstate the child custody order that was in effect

30  immediately preceding the temporary order.

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    Florida Senate - 2007                                   SB 122
    24-86-07




 1         (2)  If a motion for change of custody is filed after a

 2  parent returns from active military duty, the court may not

 3  consider the parent's absence due to that military duty in any

 4  determination regarding the child's best interest.

 5         Section 2.  This act shall take effect July 1, 2007.

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 8                          SENATE SUMMARY

 9    Prohibits a court from modifying a child custody order to
      change the custody placement of a child whose parent is a
10    member of the National Guard or a United States military
      reserve unit that is called to active duty. Provides a
11    temporary limited exception.

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CODING: Words stricken are deletions; words underlined are additions.