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LegalGems
LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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My fiancé's ex husband is being deployed year and they have

Customer Question

my fiancé's ex husband is being deployed for a year and they have 50/50 custody of their kids, while he is gone who would get custody of the kids in the state of Florida?
Submitted: 9 months ago.
Category: Family Law
Expert:  LegalGems replied 9 months ago.

Is there a court order re: custody, or is this via informal arrangement?

Customer: replied 9 months ago.
court ordered
Expert:  LegalGems replied 9 months ago.

The court would be allowed to make a temporary order regarding the custody issues if that is not already addressed in the order.

The statute is located here:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.13002.html

Please notice subsection 2,

If a parent is activated, deployed, or temporarily assigned to military service on orders in excess of 90 days and the parent’s ability to comply with time-sharing is materially affected as a result, the parent may designate a person or persons to exercise time-sharing with the child on the parent’s behalf. The designation shall be limited to a family member, a stepparent, or a relative of the child by marriage.

As stated in the statute which can be viewed at the URL above, that designation must be in writing.

Courts are prohibited from permanently modifying a custody order when the parent's ability to continue as the child's primary caretaker is materially affected by deployment. Temporary modifications are permissible if supported by clear and convincing evidence that it's in the child's best interests. The court must reinstate the previous order when the parent is returns.

Temporary custody modifications must include provisions ensuring continuing contact between the child and military-parent, if feasible. (i.e. webcam, telephone, etc)

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