Parenting Plan Prior to Deployment

The simple answer is yes if you are not married to the child/children’s other parent. The military requires that all single parents entering the military have a parenting plan in place. Florida statute 61.703(8)(a) and (b) of the Uniform Deployed Parents Custody and Visitation Act defines a deploying parent as “a servicemember who is deployed or has been notified of impending deployment and is a parent of a child; or an individual who has custodial responsibility for a child.”

A parenting plan is a comprehensive document that covers the following: (1) parental responsibility of both parents, (2) decision making authority of both parents, (3) communications between the parents and between each parent and child/children, (4) out of state and internation travel with the child/children, (5) relocation with the child/children, (6) time sharing schedule for the parents and the minor child/children, etc. 

A deploying parent has two options when it comes to creating a parenting plan. Option one is the preferred option which is filing a paternity action and having the court enter an order on any agreed upon parenting plan or issue a parenting plan order if the parties cannot agree to a plan. Option two is completing a notarized parenting plan without a court order.  

 A court ordered parenting plan is one that is entered after a paternity action is filed by either parent or both. A paternity action is not just for determining paternity but also to establish time share and child support. It’s important to note that a paternity action does not have to be contested. The parties can agree to the terms of a parenting plan. The key benefit of a court ordered parenting plan is that it is backed by a court order and it prevents relocation with the child/children absent a court order. 

A notarized parenting plan covers the same issues pertaining to the minor child as a court ordered parenting plan. However, it is not backed by a court order. That means that if either parent chooses not to follow the agreed upon plan, the only option for enforcement is filing a paternity action and attaching the agreement to the petition. If this option is chosen, the parenting plan should address whether the non-deploying parent can relocate out of Florida with the child/children. 

No, per 61.713, “in a proceeding for custodial responsibility of a child of a servicemember, a court may not consider a parent’s past deployment or possible future deployment in determining the best interest of the child.”