Florida Statutes 61.749 – Modifying or terminating temporary grant of custodial responsibility or limited contact to nonparent
Current as of: 2023 | Check for updates
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Terms Used In Florida Statutes 61.749
- 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
- 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
- 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(1) Except for an agreement under s. 61.723, or as otherwise provided in subsection (2), and consistent with the Servicemembers Civil Relief Act, Title 50, Appendix U.S.C. ss. 501 et seq., a court may modify or terminate a temporary grant of custodial responsibility on motion of a deploying parent, other parent, or any nonparent granted caretaking authority if the modification or termination is consistent with this part and is in the best interest of the child. A modification is temporary and terminates after the deploying parent returns from deployment, unless the grant has been terminated before that time by court order.(2) The court shall terminate a grant of limited contact on motion of a deploying parent.