Honoring those in Service: Amendments to the Statute regarding Timesharing for Men and Women in the Military

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Determining the appropriate time sharing when a parent is in the military has been a long- standing issue due to deployment, re-assignment to a new base and other variables.

Florida Statue 61.13002 allows a parent who is activated, deployed, or temporarily assigned to military service on orders in excess of 90 days and whose ability to comply with time-sharing is materially affected to designate a person(s) to exercise time-sharing on that parent’s behalf.  The designation is restricted to a family member, stepparent or relative of the child by marriage.

The designation must be in writing to the civilian parent at least 10 days prior to the next time-sharing.  If the parties are unable to agree on the designation, then either party can request an expedited hearing to determine the designation.  Agreements on designation may be made at time of dissolution of marriage or during other child-related proceedings.

The statute further provides that in any hearing enforcing rights under F.S. 61.13002, the court shall permit the military parent to testify by telephone, video teleconference, webcam, affidavit, or other means if the military duties have a material effect on that parent’s ability or anticipated ability to appear in person.

The Child Abduction Prevention Act: Protecting our Children from the Dangers of Abduction by a Parent

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Florida Statutes Section 61.45 was recently amended to create the “Child Abduction Prevention Act.”  This Act is beneficial when there is a concern about the risk of removal of a child from the state or country in violation of a parenting plan.

This section includes new preventative and risk factors for the court’s consideration, as well as relief that may be ordered and additional civil/criminal penalties that may result from violation of this section.

Further, if a parent is concerned that the other parent may abduct a child, a great resource is the Department of State website under child abduction.  There is a Child Passport Issuance Alert Program (CPIAP).

The Children’s Passport Issuance Alert Program (CPIAP) allows parents to register their U.S. citizen children under the age of 18 in the Department’s Passport Lookout System.  If a passport application is submitted for a child who is registered in CPIAP, the Department contacts and alerts the parent(s) or guardian(s). The system provides all U.S. passport agencies, as well as U.S. Embassies and Consulates, abroad an alert on a child’s name if a parent or guardian registers an objection to passport issuance for his or her child.  This procedure provides parents advance warning of possible plans for international travel with a child.

Go to the following website to find out more and/or sign up your child(ren) for this program: http://travel.state.gov/abduction/prevention/passportissuanc/passportissuance_554.html:

A court can also order a parent to register with this program sua sponte (on its own accord) or upon motion by a party.