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Florida Statute 61.739 - Full Text and Legal Analysis
Florida Statute 61.739 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 61.739 Case Law from Google Scholar Google Search for Amendments to 61.739

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING
View Entire Chapter
F.S. 61.739
61.739 Grant of temporary caretaking authority to nonparent.
(1) Upon the motion of a deploying parent and in accordance with general law, if it is in the best interest of the child, a court may grant temporary caretaking authority to a nonparent who is an adult family member of the child or an adult who is not a family member with whom the child has a close and substantial relationship. In the case of an adult who is not a family member with whom the child has a close and substantial relationship, the best interest of the child must be established by clear and convincing evidence.
(2) Unless a grant of caretaking authority to a nonparent is agreed to by the other parent, the grant is limited to an amount of time that may not exceed:
(a) The amount of time granted to the deploying parent under a permanent custody order; however, the court may add travel time necessary to transport the child; or
(b) In the absence of a permanent custody order that is currently in effect, the amount of time the deploying parent habitually cared for the child before being notified of deployment; however, the court may add travel time necessary to transport the child.
(3) If, due to the operational constraints of the deployment, or a portion thereof, the deploying parent is unable to exercise decisionmaking authority and if it is in the best interest of the child, a court may grant part of that authority to a nonparent who is an adult family member of the child or an adult who is not a family member with whom the child has a close and substantial relationship. In the case of an adult who is not a family member with whom the child has a close and substantial relationship, the best interest of the child must be established by clear and convincing evidence. A grant of decisionmaking authority to a nonparent must be narrowly drawn to the reasonably foreseeable needs of the child during the time that the deploying parent is unable to exercise such authority and must consider the role of the other parent. If a court grants the authority to a nonparent, the court shall specify the decisionmaking powers granted and the duration of such grant, which shall not exceed the length of time in which the deploying parent is unable to exercise decisionmaking authority. Except as otherwise specified in this subsection, the deploying parent retains his or her decisionmaking authority for the child during deployment.
History.s. 1, ch. 2018-69.

F.S. 61.739 on Google Scholar

F.S. 61.739 on CourtListener

Amendments to 61.739


Annotations, Discussions, Cases:

Cases Citing Statute 61.739

Total Results: 1

Marcy Nicole Overstreet, Wife v. Dwayne Stanley Overstreet, Husband

244 So. 3d 1182

District Court of Appeal of Florida | Filed: Apr 25, 2018 | Docket: 6375209

Published

Ch. 18-69, § 1, Laws of Fla. (creating new section 61.739(1)). It does not appear that any reported