As a member of the U.S. armed services who has been deployed, you should be able to concentrate on defending our country and not be concerned that your former spouse will be able to take legal action which allows the family law court to enter an order that negatively impacts your parenting rights.
Florida Statute § 61.13002 (1) prohibits a court from issuing an order that modifies, amends or otherwise changes the time-sharing schedule for a parent who “is activated, deployed, or temporarily assigned to military service” and which materially affects that parents “ability to comply with time-sharing . . . as a result.”
Although section 61.13002 allows the court “to enter a temporary order to modify or amend time-sharing if there is clear and convincing evidence that the temporary modification or amendment is in the best interests of the child,” the court cannot use the “parent’s activation, deployment, or temporary assignment to military service and the resultant temporary disruption to the child” as the sole factor in the court’s decision.
New Horizons Law, P.A., Michael J. Costantino, Esq. understands the concerns that an individual who is on active duty has with respect to their time-sharing rights with their children while they are deployed. At New Horizons Law, P.A., Michael J. Costantino, Esq. finds it important to help you maintain your court ordered time-sharing rights in order that you can concentrate on your duties as a member of the U.S. armed services. The Florida legislature has found that “it is in the child’s best interests to maintain the parent-child bond during the parent’s military service.” (F.S. § 61.13002)
In addition, section 61.13002 (2) allows the 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 as a result” to “designate a person or persons to exercise time-sharing with the child on the parent’s behalf.” This section is very important because at New Horizons Law, P.A., Michael J. Costantino, Esq. often is involved in family law cases where one parent intentionally obstructs the other parent’s ability to stay informed about the daily activities of their children. You need someone who you can trust in order help you to stay informed.
This section only allows the service member to designate “a family member, a stepparent, or a relative of the child by marriage” to exercise time-sharing on the service member’s behalf. New Horizons Law, P.A., Michael J. Costantino, Esq. is able to help you properly make this designation as it is required to done in writing and it must be “provided to the other parent at least 10 working days before the court-ordered period of time-sharing commences.” (See F.S. § 61.13002). Although this section limits the other parents ability to object on the basis that the individual you have designated for time-sharing is not in your child’s best interest, if the other parent is an obstructionist or just likes to litigate then New Horizons Law, P.A., Michael J. Costantino, Esq. will request an expedited court hearing on your behalf.
At New Horizons Law, P.A., Michael J. Costantino, Esq. has the experience and expertise to assist in protecting you rights while you are defending our country.