Child custody and visitation issues are complicated. When a parent moves out of state, their rights and obligations under an existing custody or visitation order might be disrupted. This is particularly true when it comes to a parent who is an active duty member of the United States armed forces.
As a result, the Uniform Deployed Parents Custody and Visitation Act (UDPCVA) was established to provide uniform rules on the rights and obligations of military parents regarding child custody and visitation. On July 1, 2018, the UDPCVA took effect in Florida. This article discusses some of the pertinent provisions of the UDPCVA and how they might affect your case.
Procedures for Deploying Parents
Sometimes a military service member will undergo long periods of military deployment during which they cannot bring any family members. The UDPCVA establishes procedures regarding the custody and care of children with parents who are deploying pursuant to their military duties. Under the UDPCVA, “deployment” is defined to mean “the movement or mobilization of a servicemember for less than 18 months pursuant to uniformed service orders that (a) are designated as applicable to an unaccompanied servicemember, (b) do not authorize dependent travel, or (c) do not otherwise permit the movement of family members to the location where the servicemember is deployed.”
Within seven days after receiving orders to deploy, a deploying parent is required to notify the other parent about such orders. Deploying parents are also required to propose a parenting plan that covers each parent’s share of parenting responsibilities during the period of deployment.
Notice is not required where both parents live at the same residence, and both have actual notice of deployment and an applicable custody plan during deployment.
Agreements Regarding Custodial Responsibility
Under the UDPCVA, parents may enter a temporary agreement regarding custodial responsibility during deployment. Such an agreement must be in the form of a signed writing that is executed by both parents and any nonparent that the parents agree to grant custodial responsibility during deployment.
Under the UDPCVA, rights regarding timesharing and decision-making rights fall under the term “custodial responsibility.” Under the UDPCVA, nonparents are granted temporary rights regarding caretaking, decision-making, and visitation when a child’s military parent is deployed.
Consult an Experienced Attorney from Schuttler, Greenberg & Mullins, LLC
If you are searching for legal advice regarding a child custody issue in Florida, the legal team of Schuttler, Greenberg & Mullins, LLC can help you. When it comes to promoting the rights and interests of you and your family, you deserve top-rated legal counsel from attorneys who are renowned as experts in their field. At Schuttler, Greenberg & Mullins, LLC, our legal team is led by two attorneys who have been certified by the Florida Board of Legal Specialization as Specialists in Marital and Family Law.
To schedule a consultation with one of our dedicated attorneys, call us at (561) 336-6082 or contact us online today.