(1) Upon the motion of a deploying parent and in accordance with general law, if it is in the best interest of the child, a court may grant temporary caretaking authority to a nonparent who is an adult family member of the child or an adult who is not a family member with whom the child has a close and substantial relationship. In the case of an adult who is not a family member with whom the child has a close and substantial relationship, the best interest of the child must be established by clear and convincing evidence.
(2) Unless a grant of caretaking authority to a nonparent is agreed to by the other parent, the grant is limited to an amount of time that may not exceed:

(a) The amount of time granted to the deploying parent under a permanent custody order; however, the court may add travel time necessary to transport the child; or

Terms Used In Florida Statutes 61.739

  • Adult: means an individual who has attained 18 years of age or who has had the disability of nonage removed under chapter 743. See Florida Statutes 61.703
  • 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
  • Close and substantial relationship: means a positive relationship of substantial duration and depth in which a significant emotional bond exists between a child and a nonparent. See Florida Statutes 61.703
  • Court: means the court of legal jurisdiction. 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Family member: means a sibling, aunt, uncle, cousin, stepparent, or grandparent of a child or an individual recognized by the deploying parent and the other parent to be in a familial relationship with a child. See Florida Statutes 61.703
  • Nonparent: means an individual other than a deploying parent or other parent. See Florida Statutes 61.703
  • 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
(b) In the absence of a permanent custody order that is currently in effect, the amount of time the deploying parent habitually cared for the child before being notified of deployment; however, the court may add travel time necessary to transport the child.
(3) If, due to the operational constraints of the deployment, or a portion thereof, the deploying parent is unable to exercise decisionmaking authority and if it is in the best interest of the child, a court may grant part of that authority to a nonparent who is an adult family member of the child or an adult who is not a family member with whom the child has a close and substantial relationship. In the case of an adult who is not a family member with whom the child has a close and substantial relationship, the best interest of the child must be established by clear and convincing evidence. A grant of decisionmaking authority to a nonparent must be narrowly drawn to the reasonably foreseeable needs of the child during the time that the deploying parent is unable to exercise such authority and must consider the role of the other parent. If a court grants the authority to a nonparent, the court shall specify the decisionmaking powers granted and the duration of such grant, which shall not exceed the length of time in which the deploying parent is unable to exercise decisionmaking authority. Except as otherwise specified in this subsection, the deploying parent retains his or her decisionmaking authority for the child during deployment.
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