61.761

Procedure for terminating temporary agreement granting custodial responsibility.

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61.761 Procedure for terminating temporary agreement granting custodial responsibility.—

(1) After a deploying parent returns from deployment, a deploying parent and the other parent may file with the court an agreement to terminate a temporary order for custodial responsibility.

(2) After an agreement has been filed, it shall terminate:

(a) On the date specified on an agreement to terminate under subsection (1); or

(b) On the date the agreement is signed by the deploying parent and the other parent if the agreement to terminate does not specify a date.

(3) In the absence of an agreement to terminate under subsection (1), a temporary agreement granting custodial responsibility automatically terminates 30 days after the deploying parent gives notice of return from deployment to the other parent.

(4) If a temporary agreement granting custodial responsibility was filed with a court pursuant to s. 61.729, an agreement to terminate must be filed with the court within a reasonable time after the deploying parent and other parent sign the agreement. The case number and heading of the case concerning custodial responsibility or child support must be provided to the court with the agreement to terminate.

(5) A proceeding seeking to prevent termination of a temporary order for custodial responsibility is governed by general law.

History.—s. 1, ch. 2018-69.

Notes of Decisions

Cited in 1 case, 2019–2019 · leading case: In re: Amendments to the Florida Supreme Court Approved Family Law Forms – 12.948(a)-(e)

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In re: Amendments to the Florida Supreme Court Approved Family Law Forms – 12.948(a)-(e) (2019) fla “SECTION VIII: TERMINATION OF AGREEMENT This agreement will terminate after the Deploying Parent returns from deployment in accordance with section 61.761, F.S., or as otherwise agreed upon in writing or in a record by the Deploying Parent and the Other Parent.”

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