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Will I be protected?

January 15, 2019

 

How Can The Uniform Deployed Parents Custody and Visitation Act Protect Me?

 

If you haven’t read our last blog post, we discussed the Uniform Deployed Parents Custody and Visitation act that was adopted in Florida. While there are very few laws written in to protect service members, this newly adopted act fills in various gaps that traditional family law statutes do not cover. Understandably, there is very little on the books concerning topics such as military deployment. So, if you think that this could apply to you, please read on!

 

Am I protected under this act?

 

The first question you are likely asking is if you are protected by the ct. The ct was adopted in Florida on July 1, 2018. As long as you are a service member with a child, you qualify. Keep in mind, the definition of child is broad under this act. For instance, the statute As you can gather from this passage, there are various ways people can fall under this statute. If you are a service member, odds are that a visit to our law office can help you understand how you fall under the protection of this act.

 

What does this act do for me?

 

This 21 page statute full of different those who serve would be difficult to list all of the various ways it can help you here. However, there are certainly some highlights that you should know about.


First, this allows those who are soon to be deployed to quickly enter into agreements with the other parent an expedited route to the courtroom. Unfortunately, the court system is not as flexible as we would like. However, this ct will allow you to circumvent a lot of the red tape to allow the parties involved to come to a agreement Otherwise, it s very possible that someone w leave for deployment without the issue of their child’s custody having been decided.

 

Second, the military can authorize a “caretaker” for the child. Simply put, the military can choose someone who matches the “close and substantial” relationship This allows the deployed to have a sense of comfort knowing that they have someone near the child they designated.

 

Finally, this allows for the termination of the agreement to be clearly stated. For instance, if the child lived with the military parent before the deployment, would the child move back once the deployment ended? On the other hand, if the military parent was the visiting , how would visitation resume? This ct ensures that all of these issues are settled by the parents before the military deploys. Furthermore, this allows the court to intervene if it is apparent that the parties will not come to a conclusion. Thus, one may not be able to hold out on a decision up until the deployment date, hoping to get the better end of the agreement.

 

It is important to note that this is still a new piece of legislation in Florida. Courts are adjusting and it is always imperative to acquire an experienced family law attorney to navigate new, uncharted waters.

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