Florida Child Custody and Military Divorces

Dec 6, 2021 | Family Law, Practice Areas


Child Custody is one of the biggest issues to consider in any Florida divorce, and Florida military divorces are no exception. However, a military member’s Florida divorce may be affected by special custody concerns. Our Florida Military Divorce attorney at The Law Office of John Vernon Moore, P.A. discusses the child custody issues in military divorces.

Florida Child Custody and Military Divorces

Custody is one of the most important considerations in any divorce. Some special considerations that pertain to military families, such as deployment, leave, and relocation, make things even more complicated. When deciding what is best for any children involved, the court will consider all of the circumstances.

The court will check to determine if the military member is regularly deployed when it comes to deployment. In most cases, the court will rule that the child’s best interests are served by living with the parent who is not deployed. This is because it usually gives the youngster greater stability in his or her life.

The service member’s parental rights will be safeguarded while he or she is deployed in a military divorce. During a deployment, Florida law states that custody arrangements cannot be amended in any way. The sole exception is if the modification hurts the child’s health or best interests. For an exception to take effect, it must be shown to the court.

Sharing Time With Children

A Florida military divorce lawyer can assist you with child custody (also known as time-sharing) concerns with the military spouse. In most cases, only the child’s parents are allowed to enter into time-sharing agreements. A parent may enable a family member, person connected by marriage, or step-parent of the deployed parent to engage in time-sharing if one of the parents is deployed for at least 90 days. You can challenge the third party’s time-sharing by demonstrating that it is not in your child’s best interests.

Relocation of Parents in a Florida Divorce

In a Florida military divorce, if one parent intends to relocate 50 miles or more, court approval or consent from the other parent is required. Regardless of which parent wishes to relocate, these criteria must be met. Until proven differently, Florida courts assume that having both parents around the kid is in the child’s best interests.

Under Florida law, if a military member gets orders to move, he or she is not exempt from this duty. To resolve the relocation dispute, the service member must either obtain the approval of the other parent or go to court.

Child Support Orders 

In a military divorce, both parents are obligated to pay financial support for their children, just as they are in a civilian divorce. However, commanders of the military spouse may be authorized to take measures against a military service member who willfully ignores his or her family in the event of a military divorce. A parent who is entitled to child support may be capable of writing to a commanding officer, producing the court order, and requesting that the officer take further action if the child support order is not followed. This allows custodial parents more alternatives when it comes to child support, but only after they’ve gone through the legal system to receive the order. Without a court order for child support, a partner’s commanding officer will be unable to assist you, so if you are experiencing trouble receiving child support and have not yet sought payment via the courts, it is critical to seek a family lawyer.

The state of Florida has particular formulas for calculating child support. If you’re getting divorced and have children, the family lawyers at The Law Office of John Vernon Moore, P.A. will help you figure out how much your children may be eligible to receive.

Contact our Florida Military Divorce Attorney

Military life is quite demanding, and it may put a lot of strain on a marriage. Our Florida military divorce lawyers at The Law Office of John Vernon Moore, P.A. handle clients on all sides of these issues. We have the knowledge and empathy to help you through this tough time, whether you are a military member or a spouse, the one seeking a divorce, or the one who has served. Contact us today if you’re based in Florida.

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