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