| 1 | A bill to be entitled |
| 2 | An act relating to child custody; creating s. 61.13002, |
| 3 | F.S.; prohibiting a court from modifying child custody |
| 4 | during the time a parent is activated, deployed, or |
| 5 | temporarily assigned to military service; providing a |
| 6 | limited exception; requiring reinstatement upon parent's |
| 7 | return from military service; limiting application of |
| 8 | prohibition; providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Section 61.13002, Florida Statutes, is created |
| 13 | to read: |
| 14 | 61.13002 Child custody modification.-- |
| 15 | (1) If a supplemental petition to modify or a motion for |
| 16 | change of child custody and parental responsibility is filed |
| 17 | during the time a parent is activated, deployed, or temporarily |
| 18 | assigned to military service and the parent's ability to |
| 19 | continue as the primary caretaker of a minor child is materially |
| 20 | affected as a result, the court may not issue an order or modify |
| 21 | or amend a previous judgment or order that changes custody as it |
| 22 | existed on the date the parent was activated, deployed, or |
| 23 | temporarily assigned to military service, except that a court |
| 24 | may enter a temporary order to modify or amend custody if there |
| 25 | is clear and convincing evidence that the temporary modification |
| 26 | or amendment is in the best interests of the child. When |
| 27 | entering a temporary order under this section, the court shall |
| 28 | consider and provide for, if feasible, contact between the |
| 29 | military service member and his or her child, including, but not |
| 30 | limited to, electronic communication by webcam, telephone, or |
| 31 | other available means. The court shall also permit liberal time- |
| 32 | sharing during periods of leave from military service, as it is |
| 33 | in the child's best interests to maintain the parent-child bond |
| 34 | during the parent's military service. |
| 35 | (2) If a temporary order is issued under this section, the |
| 36 | court shall reinstate the custody judgment or order previously |
| 37 | in effect upon the parent's return from active military service, |
| 38 | deployment, or temporary assignment. |
| 39 | (3) This section shall not apply to permanent change of |
| 40 | station moves by military personnel, which shall be governed by |
| 41 | s. 61.13001. |
| 42 | Section 2. This act shall take effect July 1, 2007. |