Florida Statutes 61.709 – Notice requirement for deploying parent
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(1) Except as otherwise provided in subsection (3), and subject to subsection (2), a deploying parent shall notify in a record to the other parent:
(a) A pending deployment not later than 7 days after receiving notice of deployment unless he or she is reasonably prevented from doing so by the circumstances of service, in which case the deploying parent shall provide notice as soon as reasonably possible.
Terms Used In Florida Statutes 61.709
- 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- Notice of deployment: means official notification to a servicemember, through orders or other written or electronic communication, that the servicemember is subject to deployment on or about a specified date. 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- Record: means information that is created in a tangible medium or stored in an electronic or other medium and is retrievable in perceivable form. See Florida Statutes 61.703
(b) A proposed plan fulfilling each parent’s share of custodial responsibility during deployment provided as soon as reasonably possible after notice of deployment is given under paragraph (a).(2) If a court order prohibits disclosure of the address or contact information of the other parent, notice pursuant to subsection (1) must be provided to the issuing court. If the address of the other parent is available to the issuing court, the court shall forward the notice to the other parent. The court shall keep confidential the address or contact information of the other parent.(3) Notice pursuant to subsection (1) is not required if both parents are living in the same residence and have actual notice of the deployment or plan.(4) In a proceeding regarding custodial responsibility, a court may consider the reasonableness of a parent’s efforts to comply with this section.