Parenting Time When One Or Both Parents Are Active Duty Military

One of the most commonly disputed aspects of any divorce is parenting time, also known as time-sharing or custody. Often, both parents want to spend as much time with their children as possible, even if they believe their soon-to-be former spouse is as good a parent as they are, and it can be difficult to reach an acceptable compromise in court. This process can become even more complex if one or both parents are active duty military. The right attorney can help you work out a plan that is best for not only you and your spouse, but your children as well.

Most Courts Are Flexible

In Florida, family courts will act primarily in the best interests of any children of the marriage, rather than favoring one parent or another. Being able to give a child a stable home environment, and having a civil working relationship with one’s co-parent are prioritized – and while active duty military parents are not specifically penalized for their vocation, it can sometimes be difficult to give a military parent equal time, particularly if they wind up deployed.

That said, since the law does not allow military parents to be held responsible for the orders they receive, Florida courts will allow a fair amount of flexibility to be present in any time-sharing agreement. The state has adopted the Uniform Deployed Parents’ Custody & Visitation Act (UDPCVA), which grants assistance like expedited custody hearings or a temporary shift in custody during a deployment (instead of mandating a whole new custody agreement).

Work With The Court

While Florida courts are willing to work with most military servicemembers, this does not mean that the law can be ignored. A common example where misconceptions and disagreements may happen is in the event of a permanent relocation – that is, when a servicemember is ordered to move to a new base. Many believe that if they are the custodial parent, they can simply move with their child – but this can result in significant legal consequences.

If you are a parent currently on active duty with a branch of the U.S. military, these types of events are why it is crucial to work with your soon-to-be former spouse and with your attorney, so that you can craft a plan for parenting time that anticipates as many unforeseen events as possible. The best interests of your children are paramount, but this does not mean that yours and your former spouse’s should fall by the wayside.

Contact A Hollywood, FL Military Divorce Attorney

Military servicemembers’ jobs are demanding, and it can be difficult to balance one’s family and personal life with their work – but their children should not be deprived of a parent because of it. A Hollywood, FL military divorce attorney from The Law Offices of Steven A. Mason, P.A. can help you work toward a parenting plan that works for everyone in your family. Call our office today at (954) 963-5900 to speak to an attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html