CS/HB 621

1
A bill to be entitled
2An act relating to child custody; amending s. 61.13002,
3F.S.; providing that a parent's activation, deployment, or
4temporary assignment to military service and the resultant
5temporary disruption to the child may not be the sole
6factor in granting a petition for or modification of
7permanent time-sharing and parental responsibility;
8providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Subsection (1) of section 61.13002, Florida
13Statutes, is amended to read:
14     61.13002  Temporary time-sharing modification and child
15support modification due to military service.-
16     (1)  If a supplemental petition or a motion for
17modification of time-sharing and parental responsibility is
18filed because a parent is activated, deployed, or temporarily
19assigned to military service and the parent's ability to comply
20with time-sharing is materially affected as a result, the court
21may not issue an order or modify or amend a previous judgment or
22order that changes time-sharing as it existed on the date the
23parent was activated, deployed, or temporarily assigned to
24military service, except that a court may enter a temporary
25order to modify or amend time-sharing if there is clear and
26convincing evidence that the temporary modification or amendment
27is in the best interests of the child. However, a parent's
28activation, deployment, or temporary assignment to military
29service and the resultant temporary disruption to the child may
30not be the sole factor in a court's decision to grant a petition
31for or modification of permanent time-sharing and parental
32responsibility. When entering a temporary order under this
33section, the court shall consider and provide for, if feasible,
34contact between the military servicemember and his or her child,
35including, but not limited to, electronic communication by
36webcam, telephone, or other available means. The court shall
37also permit liberal time-sharing during periods of leave from
38military service, as it is in the child's best interests to
39maintain the parent-child bond during the parent's military
40service.
41     Section 2.  This act shall take effect July 1, 2011.


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