Florida Senate - 2011                                    SB 1650
       
       
       
       By Senator Storms
       
       
       
       
       10-00748A-11                                          20111650__
    1                        A bill to be entitled                      
    2         An act relating to child custody; amending s.
    3         61.13002, F.S.; providing that a parent’s activation,
    4         deployment, or temporary assignment to military
    5         service and the resultant temporary disruption to the
    6         child may not be the sole factor in granting a
    7         petition for or modification of time-sharing and
    8         parental responsibility; providing that a time-sharing
    9         and parental responsibility order in effect before a
   10         temporary change due to a parent’s military service
   11         shall automatically be reinstated after a specified
   12         period after return and notice by the returning
   13         parent; providing an exception; specifying burden of
   14         proof for the exception; providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Subsections (1) and (4) of section 61.13002,
   19  Florida Statutes, are amended to read:
   20         61.13002 Temporary time-sharing modification and child
   21  support modification due to military service.—
   22         (1) If a supplemental petition or a motion for modification
   23  of time-sharing and parental responsibility is filed because a
   24  parent is activated, deployed, or temporarily assigned to
   25  military service and the parent’s ability to comply with time
   26  sharing is materially affected as a result, the court may not
   27  issue an order or modify or amend a previous judgment or order
   28  that changes time-sharing as it existed on the date the parent
   29  was activated, deployed, or temporarily assigned to military
   30  service, except that a court may enter a temporary order to
   31  modify or amend time-sharing if there is clear and convincing
   32  evidence that the temporary modification or amendment is in the
   33  best interests of the child. When entering a temporary order
   34  under this section, the court shall consider and provide for, if
   35  feasible, contact between the military servicemember and his or
   36  her child, including, but not limited to, electronic
   37  communication by webcam, telephone, or other available means.
   38  The court shall also permit liberal time-sharing during periods
   39  of leave from military service, as it is in the child’s best
   40  interests to maintain the parent-child bond during the parent’s
   41  military service. However, a parent’s activation, deployment, or
   42  temporary assignment to military service and the resultant
   43  temporary disruption to the child may not be the sole factor in
   44  a court’s decision to grant a petition for or modification of
   45  time-sharing and parental responsibility.
   46         (4) If a temporary order is issued under this section, the
   47  court shall reinstate the time-sharing order previously in
   48  effect before the military parent’s activation, deployment, or
   49  temporary assignment to military service, within 10 days after
   50  notification by that parent of his or her upon the servicemember
   51  parent’s return from active military service, deployment, or
   52  temporary assignment, unless the court finds that resumption of
   53  the original order is no longer in the child’s best interest.
   54  The nonmilitary parent bears the burden of proving that
   55  resumption of the original order is no longer in the child’s
   56  best interest.
   57         Section 2. This act shall take effect July 1, 2011.