Senate Bill sb0122c1

    Florida Senate - 2007                            CS for SB 122

    By the Committee on Judiciary; and Senator Posey





    590-2219-07

  1                      A bill to be entitled

  2         An act relating to child custody; creating s.

  3         61.13002, F.S.; prohibiting a court from

  4         modifying child custody during the time a

  5         parent is activated, deployed, or temporarily

  6         assigned to military service; providing a

  7         limited exception; requiring reinstatement upon

  8         parent's return from military service; limiting

  9         application of the prohibition; providing an

10         effective date.

11  

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

13  

14         Section 1.  Section 61.13002, Florida Statutes, is

15  created to read:

16         61.13002  Child custody modification.--

17         (1)  If a supplemental petition to modify or a motion

18  for change of child custody and parental responsibility is

19  filed during the time a parent is activated, deployed, or

20  temporarily assigned to military service and the parent's

21  ability to continue as the primary caretaker of a minor child

22  is materially affected as a result, the court may not issue an

23  order or modify or amend a previous judgment or order that

24  changes custody as it existed on the date the parent was

25  activated, deployed, or temporarily assigned to military

26  service, except that a court may enter a temporary order to

27  modify or amend custody if there is clear and convincing

28  evidence that the temporary modification or amendment is in

29  the best interests of the child. When entering a temporary

30  order under this section, the court shall consider and provide

31  for, if feasible, contact between the military service member

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






    Florida Senate - 2007                            CS for SB 122
    590-2219-07




 1  and his or her child, including, but not limited to,

 2  electronic communication by webcam, telephone, or other

 3  available means. The court shall also permit liberal

 4  time-sharing during periods of leave from military service, as

 5  it is in the child's best interests to maintain the

 6  parent-child bond during the parent's military service.

 7         (2)  If a temporary order is issued under this section,

 8  the court shall reinstate the custody judgment or order

 9  previously in effect upon the parent's return from active

10  military service, deployment, or temporary assignment.

11         (3)  This section does not apply to permanent change of

12  station moves by military personnel, which shall be governed

13  by s. 61.13001.

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

15  

16          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
17                              SB 122

18                                 

19  The committee substitute differs from the underlying bill in
    that it:
20  
    --   Expands the scope of the bill to apply to parents in all
21       branches of the military;

22  --   Does not apply to custody orders involving a military
         parent who is not the primary caretaker of a child;
23  
    --   Directs courts to facilitate contact between a military
24       parent and a child in a temporary custody modification
         order through the use of webcams, telephones, and other
25       means; and

26  --   Requires courts to grant liberal visitation to the
         military parent while the parent is on leave from
27       military service.

28  

29  

30  

31  

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