Modification

1. Modification MILITARY ISSUES By: Karim Batista, Esq. Thank you to Laura Hernandez!

2. How common are these issues? • Varies from State to State • Florida is one of the top ten states with the highest active duty military population

3. Hypothetical • Client and her Husband are married. Husband is an active member in the military. Both parties select a foreign country to be the Husband’s next location to be stationed. Client becomes pregnant. • Husband files for Dissolution of Marriage before child is born. Dissolution is granted. Parenting plan is established where Husband’s grandparents will exercise Husband’s time-sharing while is stationed. Husband leaves for foreign country. • Client comes to your office because she does not think Grandparents are suitable to take care of minor child.

4. Jurisdiction • Uniform Child Custody and Jurisdiction Enforcement Act (UCCJEA) • Fla. Stat. § 61. 707 - Jurisdiction • (1) A court may issue an order regarding custodial responsibility only if the court has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act. • (2) For purposes of the Uniform Child Custody Jurisdiction and Enforcement Act, the residence of the deploying parent does not change by reason of the deployment if: • (a) A court has issued a temporary order regarding custodial responsibility. • (b) A court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents modify that order temporarily by agreement. • (c) A court in another state has issued a temporary order regarding custodial responsibility as a result of impending or current deployment. • (3) This section does not prevent a court from exercising temporary emergency jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act.

5. Modification of Time-Sharing and Child Support • Fla. Stat. § 61.13002 • Temporary time-sharing modification and child support modification due to military service • Repealed since July 1, 2018

6. Overstreet v. Overstreet • Overstreet v. Overstreet, 244 So. 3d 1182 (Fla. 1st DCA 2018) • Beagle v. Beagle, 678 So. 2d 1271 (Fla. 1996)

7. Modification of Time-sharing and Child Support • UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT • Fla. Stat. § 61.703 Definitions • Fla. Stat. § 61.705 Remedies for noncompliance • Fla. Stat. § 61.707 Jurisdiction • Fla. Stat. § 61.709 Notice requirement for deploying parent • Fla. Stat. §61.711 Duty to notify of change of address • Fla. Stat. § 61.713 General consideration in custody proceeding of parent’s service • Fla. Stat. §61.721 Form of temporary custodial responsibility agreement

8. Modification of Time-sharing and Child Support • UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT • Fla. Stat. §61.723 Nature of authority created by temporary custodial responsibility agreement • Fla. Stat. §61.725 Modification of Agreement • Fla. Stat. §61.727 Power of Attorney • Fla. Stat. §61.729 Filing custodial responsibility agreement or power of attorney with court • Fla. Stat. §61.733 Proceeding for temporary custody order • Fla. Stat. §61.735 Testimony by electronic means

9. Fla. Stat. §61.725 Modification of Agreement • Parties can come modify an Agreement granting temporary custodial responsibility by mutual consent • If agreement is modified before deployment MUST be in writing and signed by both parents • If agreement is modified during deployment Must be agreed to in a record by both parents

10. Modification of Time-sharing and Child Support • UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT • Fla. Stat. §61.737 Effect Of Prior Judicial Order Or Agreement • Fla. Stat. §61.739 Grant of temporary caretaking authority to non-parent • Fla. Stat. §61.741 Grant of limited contact • Fla. Stat. §61.743 Nature of authority created by temporary custody order • Fla. Stat. §61.745 Content of temporary custody order

11. Fla. Stat. §61.743 Nature of authority created by temporary custody order • When a party files for modification regarding time-sharing: • Any time-sharing Orders will be considered “temporary” while the other parent is deployed • Once the deployed parent returns the order terminates UNLESS the grant was terminated before the deployed parent returns

12. Modification of Time-sharing and Child Support • UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT • §61.747 Order for Child Support • §61.749 Modifying or terminating temporary grant of custodial responsibility or limited contact to nonparent • §61.761 Procedure for terminating temporary agreement granting custodial responsibility • §61.763 Visitation before termination of temporary grant of custodial responsibility

13. Modification of Time-sharing and Child Support • UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT • §61.771 Relation to electronic signatures in Global and National Commerce • §61.773 Applicability

14. Fla. Stat. §61.773 Applicability • Does not affect the validity of a temporary agreement or court order concerning custodial • Does not apply to permanent change of station move by a service member • Governed by § 61.13001

15. Modification of Alimony • General • Each branch of the service has regulations requiring members to support their family members • Best to address these issues in original Dissolution proceedings

16. Case Law • Rentz v. Rentz, 535 So. 2d 613 (Fla. 2d DCA 1988) • Stebbins v. Stebbins, 435 So. 2d 383 (Fla. 5th DCA 1983)

17. Modification of Alimony • Party seeking modification has the burden of proving a substantial change in circumstances which is significant, material, involuntary, and permanent in nature • Substantial change in circumstances • Changed circumstances since last order

18. Questions? Karim Batista, Esq. Law Offices of Karim Batista, P.A. 999 Ponce de Leon Boulevard Suite 515 Coral Gables, Florida 33134 (305) 468-4400