Florida Statutes 61.733 – Proceeding for temporary custody order
Current as of: 2023 | Check for updates
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(1) After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue a temporary order granting custodial responsibility unless prohibited by the Servicemembers Civil Relief Act, Title 50, Appendix U.S.C. ss. 501 et seq. A court may not issue a permanent order granting custodial responsibility without the consent of the deploying parent.
(2)(a) At any time after a deploying parent receives notice of deployment, either parent may file a motion regarding custodial responsibility of a child during deployment. The motion must be filed in a pending proceeding for custodial responsibility in a court with jurisdiction under s. 61.707 or, if a pending proceeding does not exist in a court with jurisdiction under s. 61.707, the motion must be filed in a new action for granting custodial responsibility during deployment.
Terms Used In Florida Statutes 61.733
- 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
- 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- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Notice of deployment: means official notification to a servicemember, through orders or other written or electronic communication, that the servicemember is subject to deployment on or about a specified date. See Florida Statutes 61.703
(b) If a motion to grant custodial responsibility is filed under paragraph (a) before a deploying parent deploys, the court shall conduct an expedited hearing.