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The Florida Statutes

The 2019 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING
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F.S. 61.733
61.733 Proceeding for temporary custody order.
(1) After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue a temporary order granting custodial responsibility unless prohibited by the Servicemembers Civil Relief Act, Title 50, Appendix U.S.C. ss. 501 et seq. A court may not issue a permanent order granting custodial responsibility without the consent of the deploying parent.
(2)(a) At any time after a deploying parent receives notice of deployment, either parent may file a motion regarding custodial responsibility of a child during deployment. The motion must be filed in a pending proceeding for custodial responsibility in a court with jurisdiction under s. 61.707 or, if a pending proceeding does not exist in a court with jurisdiction under s. 61.707, the motion must be filed in a new action for granting custodial responsibility during deployment.
(b) If a motion to grant custodial responsibility is filed under paragraph (a) before a deploying parent deploys, the court shall conduct an expedited hearing.
History.s. 1, ch. 2018-69.