Florida Statutes 61.745 – Content of temporary custody order
Current as of: 2024 | Check for updates
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Terms Used In Florida Statutes 61.745
- 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
- Custodial responsibility: includes all powers and duties relating to caretaking authority and decisionmaking authority for a child. 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- 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- Return from deployment: means the conclusion of a servicemember's deployment as specified in uniformed service orders. See Florida Statutes 61.703
An order granting custodial responsibility, when applicable, must:(1) Designate the order as temporary and provide for termination after the deploying parent returns from deployment.(2) To the extent permissible, identify the destination, duration, and conditions of the deployment.(3) Specify the allocation of caretaking authority, decisionmaking authority, or limited contact among the deploying parent, the other parent, and any nonparent.(4) Provide a process to resolve any dispute that may arise if the order divides caretaking or decisionmaking authority between individuals, or grants caretaking authority to one individual and limited contact to another individual.(5) Provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless it is not in the best interest of the child, and allocate any costs of communication.(6) Provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or otherwise available, unless it is not in the best interest of the child.(7) Provide for reasonable contact between the deploying parent and the child after the parent’s return from deployment until the temporary order is terminated, even if the time of contact exceeds the time the deploying parent spent with the child before entry of the temporary order.