Florida Statutes 61.721 – Form of temporary custodial responsibility agreement
Current as of: 2023 | Check for updates
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(1) The parents of a child may enter into a temporary agreement granting custodial responsibility during deployment.
(2) The agreement must be in writing and signed by both parents and any agreed-upon nonparent granted custodial responsibility during deployment.
(3) Subject to subsection (4), the agreement, if feasible, must:
(a) To the extent permissible, identify the destination, duration, and conditions of the deployment that is the basis for the agreement.
Terms Used In Florida Statutes 61.721
- Caretaking authority: means the right to live with and care for a child on a day-to-day basis. See Florida Statutes 61.703
- Child: means :(a) An individual who has not attained 18 years of age and who has not had the disability of nonage removed under chapter 743; or(b) An adult son or daughter by birth or adoption, or designated by general law, who is the subject of a court order concerning custodial responsibility. See Florida Statutes 61.703
- Court: means the court of legal jurisdiction. See Florida Statutes 61.703
- Custodial responsibility: includes all powers and duties relating to caretaking authority and decisionmaking authority for a child. See Florida Statutes 61.703
- Decisionmaking authority: means the power to make important decisions regarding a child, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel. See Florida Statutes 61.703
- Deploying parent: means a servicemember who is deployed or has been notified of impending deployment and is:
(a) A parent of a child; or(b) An individual who has custodial responsibility for a child. See Florida Statutes 61.703- Deployment: means the movement or mobilization of a servicemember for less than 18 months pursuant to uniformed service orders that:
(a) Are designated as unaccompanied;(b) Do not authorize dependent travel; or(c) Otherwise do not permit the movement of family members to the location to which the servicemember is deployed. See Florida Statutes 61.703- Limited contact: means the authority of a nonparent to visit a child for a limited time. See Florida Statutes 61.703
- Nonparent: means an individual other than a deploying parent or other parent. See Florida Statutes 61.703
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Other parent: means an individual who, in addition to a deploying parent, is:
(a) A parent of a child; or(b) An individual who has custodial responsibility for a child. See Florida Statutes 61.703- Record: means information that is created in a tangible medium or stored in an electronic or other medium and is retrievable in perceivable form. See Florida Statutes 61.703
- writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01
(b) Specify the allocation of caretaking authority among the deploying parent, the other parent, and any agreed-upon nonparent.(c) Specify any decisionmaking authority that accompanies a grant of caretaking authority.(d) Specify any grant of limited contact to an agreed-upon nonparent.(e) Provide a process to resolve any dispute that may arise if custodial responsibility is shared by the other parent and an agreed-upon nonparent, or by other agreed-upon nonparents.(f) Specify the frequency, duration, and means, including electronic means, by which the deploying parent will have contact with the child, any role to be played by the other parent or agreed-upon nonparent in facilitating the contact, and the allocation of any costs of contact.(g) Specify contact between the deploying parent and child during the time the deploying parent is on leave or is otherwise available.(h) Acknowledge that the agreement does not modify any existing child support obligation and that changing the terms of the obligation during deployment requires modification in the appropriate court.(i) Provide that the agreement will terminate according to the procedures under this part after the deploying parent returns from deployment or as otherwise agreed upon in writing or in a record by the deploying parent and the other parent.(j) Specify which parent is required to file the agreement if the agreement must be filed with the court pursuant to s. 61.729.(4) The omission of any item in subsection (3) does not invalidate the agreement.