Filed: Jul. 09, 2020
Latest Update: Jul. 09, 2020
Summary: Supreme Court of Florida _ No. SC19-1897 _ IN RE: AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS—FORMS 12.948(a)-(e) July 9, 2020 PER CURIAM. This matter is before the Court for consideration of further amendments to the Florida Supreme Court Approved Family Law Forms.1 Previously in this case, the Court adopted new Florida Supreme Court Approved Family Law Forms 12.948(a)-(e), to implement the Uniform Deployed Parents Custody and Visitation Act, part IV of chapter 61, Florida
Summary: Supreme Court of Florida _ No. SC19-1897 _ IN RE: AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS—FORMS 12.948(a)-(e) July 9, 2020 PER CURIAM. This matter is before the Court for consideration of further amendments to the Florida Supreme Court Approved Family Law Forms.1 Previously in this case, the Court adopted new Florida Supreme Court Approved Family Law Forms 12.948(a)-(e), to implement the Uniform Deployed Parents Custody and Visitation Act, part IV of chapter 61, Florida ..
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Supreme Court of Florida
____________
No. SC19-1897
____________
IN RE: AMENDMENTS TO THE FLORIDA SUPREME COURT
APPROVED FAMILY LAW FORMS—FORMS 12.948(a)-(e)
July 9, 2020
PER CURIAM.
This matter is before the Court for consideration of further amendments to
the Florida Supreme Court Approved Family Law Forms.1 Previously in this case,
the Court adopted new Florida Supreme Court Approved Family Law Forms
12.948(a)-(e), to implement the Uniform Deployed Parents Custody and Visitation
Act, part IV of chapter 61, Florida Statutes (2018). In re Amendments to Fla.
Supreme Court Approved Family Law Forms—Forms 12.948(a)-(e), 44 Fla. L.
Weekly S273 (Fla. Dec. 5, 2019). After adoption of the new forms, interested
parties were permitted to file comments with the Court. Two comments were
received: one from the Orange County Clerk of Courts; the other from the Family
1. We have jurisdiction. See art. V, § 2(a), Fla. Const.
Law Section of The Florida Bar.
Upon consideration of the comments, and having received input from the
Advisory Workgroup on the Florida Supreme Court Approved Family Law Forms,
we adopt many of the suggestions therein, amending forms 12.948(a)-(e) to clarify
and correct the forms as necessary and to revise the notary certificates to reflect
new procedures for online notarization in accordance with section 117.05(13),
Florida Statutes (2019). However, with regard to several comments received,
including that the instructions to the forms be amended to add the Space Force to
the list of “uniformed services” and to expand the definition of deployment, we
conclude that such comments address provisions in the forms that track the
statutory language, and thus, we are unable to change those provisions without
changes to the statutes.
The amended forms are adopted as set forth in the appendix to this opinion,
fully engrossed and ready for use. The forms shall become effective immediately
upon release of this opinion. The forms may be accessed and downloaded from the
Florida State Courts’ website at http://www.flcourts.org/resources-and-
services/court-improvement/family-courts/family-law-forms.stml. By adoption of
the amended forms, we express no opinion as to their correctness or applicability.
It is so ordered.
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CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, and
COURIEL, JJ., concur.
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE
EFFECTIVE DATE OF THESE AMENDMENTS.
Original Proceeding – Florida Supreme Court Approved Family Law Forms
Douglas A. Greenbaum, Chair, Fort Lauderdale, Florida, Amy Hamlin, Past Chair,
Family Law Section of The Florida Bar, Altamonte Springs, Florida, K. Beth Luna,
Co-Chair, Jacksonville, Florida, Kristin Kirkner, Co-Chair, Tampa, Florida, and
Anthony M. Genova, Past Co-Chair, Rules and Forms Committee, Family Law
Section of The Florida Bar, Miami, Florida; and Sonite Metayer, Orlando, Florida,
Responding with comments
-3-
APPENDIX
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED
FAMILY LAW FORM 12.948(a)
AGREEMENT GRANTING TEMPORARY CUSTODIAL
RESPONSIBILITY DURING DEPLOYMENT
(07/20)
When should this form be used?
This form should be used when one parent who is a servicemember is being deployed and the
parties wish to temporarily establish or change the custodial responsibility, parenting plan, or
time-sharing schedule.
A servicemember is a member of the uniformed services and includes:
• Active and reserve components of the Army, Navy, Air Force, Marine Corps, or the Coast
Guard of the United States;
• The United States Merchant Marine;
• The commissioned corps of the United States Public Health Service;
• The commissioned corps of the National Oceanic and Atmospheric Administration;
• The National Guard of a state or territory of the United States, Puerto Rico, or the District
of Columbia.
Deployment means the movement or mobilization of a servicemember for less than 18 months
pursuant to uniformed service orders that:
• Are designated as unaccompanied;
• Do not authorize dependent travel; or
• Otherwise do not permit the movement of family members to the location to which the
service member is deployed.
Custodial responsibility includes all the powers and duties relating to caretaking authority and
decisionmaking authority for a child. It includes physical custody, legal custody, parental
responsibility, parenting time, right to access, time-sharing, visitation, and authority to grant
limited contact with a child.
Caretaking authority means the right to live with and care for a child on a day-to-day basis. The
term includes physical custody, parenting time, right to access, time-sharing, and visitation.
Instructions for Florida Supreme Court Approved Family Law Form 12.948(a), Agreement for Temporary
Custodial Responsibility During Deployment (07/20)
-4-
Decisionmaking authority means the power to make important decisions regarding a child’s
education, religious training, health care, extracurricular activities, and travel. The term does not
include the power to make decisions that necessarily accompany a grant of caretaking authority.
Limited contact means the authority of a Nonparent to visit a child for a limited time. The term
includes authority to take the child to a place other than the child’s residence.
This agreement is temporary and automatically terminates 30 days after the Deploying Parent
gives notice of his/her return from deployment to the Other Parent, unless the parties agree
otherwise in writing or in a record, or the agreement has been terminated by court order.
A Nonparent who is an adult family member of the child or a non-family member with whom the
child has a close and substantial relationship may be granted temporary caretaking authority,
decisionmaking authority, and/or limited contact. A close and substantial relationship means a
positive relationship of substantial duration and depth in which a significant emotional bond exists
between a child and a Nonparent.
The Agreement Granting Temporary Custodial Responsibility During Deployment must:
• To the extent permissible, identify the destination, duration, and conditions of the
deployment that is the basis for the agreement;
• Specify the allocation of caretaking authority among the Deploying Parent, the Other Parent,
and any agreed-upon Nonparent;
• Specify any decisionmaking authority that accompanies a grant of caretaking authority;
• Specify any grant of limited contact to an agreed-upon Nonparent;
• Provide a process to resolve any dispute that may arise if custodial responsibility is shared by
the Other Parent and an agreed-upon Nonparent, or by other agreed-upon Nonparents.
• Specify the frequency, duration, and means, including electronic means, by which the
Deploying Parent will have contact with the children, any role to be played by the Other
Parent or agreed-upon Nonparent in facilitating the contact, and the allocation of costs of
contact;
• Specify contact between the Deploying Parent and children during the time the Deploying
Parent is on leave or is otherwise available;
• Acknowledge that the agreement does not modify any existing child support obligation and
that changing the terms of the obligation during deployment requires modification in the
appropriate court;
• Provide that the agreement will terminate 30 days after the Deploying Parent gives notice of
his/her return from deployment to the Other Parent, or as otherwise agreed upon in writing
or in a record by the Deploying Parent and the Other Parent; and
• Specify which parent is required to file the agreement with the court.
Instructions for Florida Supreme Court Approved Family Law Form 12.948(a), Agreement for Temporary
Custodial Responsibility During Deployment (07/20)
-5-
Omission of any of the above does not invalidate the agreement.
This standard form does not include every possible issue that may be relevant to the facts of your
case. The Agreement should be as detailed as possible to address the needs of the children. In
developing the Agreement, you may wish to consult or review other materials which are available
at your local library, law library or through national and state family organizations.
What should I do next?
This form should be typed or printed in black ink. You must fill in all sections of the form. After
completing the form, you should sign the form before a notary public or deputy clerk. A military
member may sign before an officer authorized to administer oaths.
For your case to proceed, you must properly notify the court by filing the original of the
Agreement and a Motion for Temporary Order Granting Custodial Responsibility During
Deployment, Florida Supreme Court Approved Family Law Form, 12.948(b), with the clerk of the
circuit court. You should file the original with the clerk of the circuit court and keep a copy for
your records. The Motion must be filed in a pending proceeding for custodial responsibility or an
existing case if you have one. The caption and case number must be on the agreement. If there is
not a pending proceeding, the motion must be filed in a new action. The court must have
jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act. Each party to the
agreement and any nonparent exercising caretaking authority must sign the agreement with their
complete street address, (Post Office Box is not acceptable except for deployed members),
telephone number, and e-mail address if available. Use of an e-mail address is encouraged.
If you have filed all of the required papers, you may contact the clerk of court, family law intake
staff or the judicial assistant to set a hearing. You must notify the other party(ies) of the hearing
by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923,
or other appropriate notice of hearing form. If the Motion for Temporary Order Granting Custodial
Responsibility During Deployment is filed before the deploying parent deploys, you may request
an expedited hearing. The court will then enter an order after the hearing.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and
documents be filed electronically except in certain circumstances. Self-represented litigants may
file petitions or other pleadings or documents electronically; however, they are not required to
do so. If you choose to file your pleadings or other documents electronically, you must do so in
accordance with Florida Rule of Judicial Administration 2.525, and you must follow the procedures
of the judicial circuit in which you file. The rules and procedures should be carefully read and
followed.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or
certified process server, the Florida Rules of Judicial Administration now require that all
documents required or permitted to be served on the other party must be served by electronic
Instructions for Florida Supreme Court Approved Family Law Form 12.948(a), Agreement for Temporary
Custodial Responsibility During Deployment (07/20)
-6-
mail (e-mail) except in certain circumstances. You must strictly comply with the format
requirements set forth in the Rules of Judicial Administration. If you elect to participate in
electronic service, which means serving or receiving pleadings by electronic mail (e-mail), or
through the Florida Courts E-Filing Portal, you must review Florida Rule of Judicial Administration
2.516. You may find this rule at www.flcourts.org through the link to the Rules of Judicial
Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the
A-Z Topical Index.
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT
REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-
mail, the procedures must always be followed once the initial election is made.
To serve and receive documents by e-mail, you must designate your e-mail addresses by using the
Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law
Form 12.915, and you must provide your e-mail address on each form on which your signature
appears. Please CAREFULLY read the rules and instructions for: Certificate of Service (General),
Florida Supreme Court Approved Family Law Form 12.914; Designation of Current Mailing and E-
mail Address, Florida Supreme Court Approved Family Law Form 12.915; and Florida Rule of
Judicial Administration 2.516.
Where can I look for more information?
Before proceeding, you should read “General Information for Self-Represented Litigants” found
at the beginning of these forms. The words that are in “bold underline” in these instructions are
defined there. For further information, see chapter 61.703-61.773, Florida Statutes.
Special Notes
Nonlawyer. Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer
helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer,
Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer
helping you fill out these forms must put his or her name, address, and telephone number on the
bottom of the last page of every form he or she helps you complete.
Instructions for Florida Supreme Court Approved Family Law Form 12.948(a), Agreement for Temporary
Custodial Responsibility During Deployment (07/20)
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IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT,
IN AND FOR ______________________________ COUNTY, FLORIDA
Case No: __________________
Division: __________________
_________________________________,
Petitioner,
And
_________________________________,
Respondent.
AGREEMENT FOR TEMPORARY CUSTODIAL RESPONSIBILITY DURING
DEPLOYMENT
We, {full legal names} _______________________________________________, Petitioner,
________________________________________________________________, Respondent, and
(if applicable) _____________________________________________________, Nonparent(s)
being sworn, certify that the following information is true:
The dependent or minor children referred to in this Agreement are:
Name(s) Birth Date(s)
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
SECTION I: JURISDICTION
1. The Court has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act.
Florida Supreme Court Approved Family Law Form 12.948(a), Agreement for Temporary Custodial Responsibility
During Deployment. (07/20)
-8-
2. This Agreement is not prohibited by the Servicemembers Civil Relief Act, Title 50, U.S.C. ss. 3901-
4043.
3. A final judgment establishing custodial responsibility or a Parenting Plan with a time-sharing schedule
____ has ____ has not been previously entered by the court.
SECTION II: DEPLOYMENT
1. ____________________________________________ is being deployed for a period of less than 18
months pursuant to uniformed service orders.
2. To the extent that it is permissible to provide this information, the destination of the deployment is:
_____________________________________________________________________________
_____________________________________________________________________________.
3. To the extent that it is permissible to provide this information, the anticipated duration of the
deployment is:
______________________________________________________________________________
______________________________________________________________________________.
4. To the extent that it is permissible to provide this information, the conditions of the deployment
which are the basis for this Agreement are:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________.
SECTION III: CARETAKING AND DECISIONMAKING AUTHORITY
Caretaking authority means the right to live with and care for the children on a day-to-day basis.
The term includes physical custody, parenting time, right to access, time-sharing and visitation.
Decisionmaking authority means the power to make important decisions regarding the children,
including decisions regarding the children’s education, religious training health care,
extracurricular activities, and travel. The term does not include the power to make decisions that
necessarily accompany a grant of caretaking authority.
The allocations of caretaking and decisionmaking authority are as follows:
1. Deploying Parent:
Caretaking authority: ______________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
Florida Supreme Court Approved Family Law Form 12.948(a), Agreement for Temporary Custodial Responsibility
During Deployment. (07/20)
-9-
Decisionmaking authority: __________________________________________________
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
2. Other Parent:
Caretaking authority: ______________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
Decisionmaking authority: __________________________________________________
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
3. Agreed Nonparent:
Caretaking authority: ____________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
______________________________________________________________________.
Decisionmaking authority: ________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________.
4. This Agreement does not in any way create an independent, continuing right to caretaking
authority, decisionmaking authority, or limited contact for an individual granted custodial
responsibility.
SECTION IV: DEPLOYING PARENT CONTACT WITH CHILD
1. Specify the contact between the Deploying Parent and the children:
a) Frequency: _______________________________________________________
_________________________________________________________________
_________________________________________________________________.
b) Duration: ________________________________________________________
_________________________________________________________________
_________________________________________________________________.
c) Means, Including Electronic: __________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________.
d) Role of Other Parent in Facilitating Contact: ___________________________
_________________________________________________________________
Florida Supreme Court Approved Family Law Form 12.948(a), Agreement for Temporary Custodial Responsibility
During Deployment. (07/20)
- 10 -
_________________________________________________________________
_________________________________________________________________.
e) Role of Agreed Nonparent in Facilitating Contact: _________________________-
________________________________________
_________________________________________________________________
_________________________________________________________________
________________________________________________________________.
f) Allocation of Any Costs of Contact: ____________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________.
2. Specify the contact between the Deploying Parent and the children during the time the
Deploying Parent is on leave or is otherwise available
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________.
SECTION V: AGREED NONPARENT LIMITED CONTACT WITH THE CHILD
Specify the limited contact an agreed Nonparent has with the children. This means the authority of the
Nonparent to visit with the children for a limited time. It includes the authority to take the children to
a place other than the children’s residence. Each Nonparent who, pursuant to this Agreement, will
exercise caretaking authority, must sign this Agreement and provide their complete name, physical street
address, telephone number, and e-mail if they have an e-mail address.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________.
SECTION VI: DISPUTE RESOLUTION
If custodial responsibility is shared by the Other Parent and an Agreed Nonparent or Nonparents, any
disputes will be resolved by: _____________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________.
The Other Parent and the Agreed Nonparent(s) may wish to use mediation or other dispute resolution
methods and assistance, such as Parenting Coordinators and Parenting Counselors, before filing a court
action.
Florida Supreme Court Approved Family Law Form 12.948(a), Agreement for Temporary Custodial Responsibility
During Deployment. (07/20)
- 11 -
SECTION VII: CHILD SUPPORT
This Agreement does not modify any existing child support obligation; changing the terms of the
obligation during deployment requires modification in the appropriate court.
SECTION VIII: TERMINATION OF AGREEMENT
This Agreement is temporary and will automatically terminate 30 days after the Deploying Parent gives
notice of his/her return from deployment to the Other Parent, unless the parties agree otherwise in
writing or in a record, or the Agreement is terminated by court order.
SECTION IX: FILING OF AGREEMENT
Parent {name}__________________________________________________ is responsible for the filing of
the Agreement. The Agreement must be filed within a reasonable time with the court that has entered an
order in effect relating to custodial responsibility or child support concerning the children who is the
subject of this Agreement.
SECTION X: OTHER
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________
______________________________________________________________________________.
Florida Supreme Court Approved Family Law Form 12.948(a), Agreement for Temporary Custodial Responsibility
During Deployment. (07/20)
- 12 -
I certify that I have been open and honest in entering into this Agreement. I am satisfied with this
Agreement and intend to be bound by it.
Dated: ______________________ _______________________________________
Signature of Deploying Parent
Printed Name: ___________________________
Address: _______________________________
City, State, Zip: __________________________
Telephone Number: ______________________
Fax Number: ___________________________
Designated E-mail Address(es):____________
______________________________
STATE OF FLORIDA
COUNTY OF ____________________
Sworn to or affirmed and subscribed before me by means of______ physical presence or
______ online notarization this _____ day of ___________________, {year} _________ by
{name of person making statement} _______________________________________________.
_______________________________________
NOTARY PUBLIC, DEPUTY CLERK, or MILITARY OFFICER
AUTHORIZED TO ADMINISTER OATHS
_______________________________________
[Print, type, or stamp commissioned name of notary.]
_____ Personally known
_____ Produced identification
_____ Type of identification produced ________________________________
Florida Supreme Court Approved Family Law Form 12.948(a), Agreement for Temporary Custodial Responsibility
During Deployment. (07/20)
- 13 -
I certify that I have been open and honest in entering into this Agreement. I am satisfied with this
Agreement and intend to be bound by it.
Dated: ______________________ _______________________________________
Signature of Other Parent
Printed Name: ___________________________
Address: _______________________________
City, State, Zip: __________________________
Telephone Number: ______________________
Fax Number: ____________________________
Designated E-mail Address(es):____________
_________________________________
STATE OF FLORIDA
COUNTY OF ____________________
Sworn to or affirmed and subscribed before me by means of______ physical presence or
______ online notarization this _____ day of ___________________, {year} _________ by
{name of person making statement} ____________________________________________.
_______________________________________
NOTARY PUBLIC, DEPUTY CLERK, or MILITARY OFFICER
AUTHORIZED TO ADMINISTER OATHS
_______________________________________
[Print, type, or stamp commissioned name of notary.]
_____ Personally known
_____ Produced identification
_____ Type of identification produced ________________________________
Florida Supreme Court Approved Family Law Form 12.948(a), Agreement for Temporary Custodial Responsibility
During Deployment. (07/20)
- 14 -
IF A NONPARENT IS GRANTED IS GRANTED CUSTODIAL RESPONSIBILTY DURING DEPLOYMENT:
I certify that I have been open and honest in entering into this Agreement. I am satisfied with this
Agreement and intend to be bound by it.
Dated: ______________________ _______________________________________
Signature of Nonparent
Printed Name: ___________________________
Address: _______________________________
City, State, Zip: __________________________
Telephone Number: ______________________
Fax Number: ____________________________
Designated E-mail Address(es):_____________
________________________________
STATE OF FLORIDA
COUNTY OF ____________________
Sworn to or affirmed and subscribed before me by means of______ physical presence or
______ online notarization this _____ day of ___________________, {year} _________ by
{name of person making statement} ____________________________________________.
_______________________________________
NOTARY PUBLIC or DEPUTY CLERK
_______________________________________
[Print, type, or stamp commissioned name of notary.]
_____ Personally known
_____ Produced identification
_____ Type of identification produced ________________________________
Florida Supreme Court Approved Family Law Form 12.948(a), Agreement for Temporary Custodial Responsibility
During Deployment. (07/20)
- 15 -
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in
all blanks]
This form was prepared for the: {choose only one} _______Petitioner ______ Respondent
_____Nonparent.
This form was completed with the assistance of:
{name of individual} _______________________________________________________,
{name of business} __________________________________________________________,
{address} ____________________________________________________________________,
{city} ____________, {state}____, {zip code} ________, {telephone number} _____________.
Florida Supreme Court Approved Family Law Form 12.948(a), Agreement for Temporary Custodial Responsibility
During Deployment. (07/20)
- 16 -
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.948(b)
MOTION FOR TEMPORARY ORDER GRANTING CUSTODIAL
RESPONSIBILITY DURING DEPLOYMENT
(07/20)
When should this form be used?
This form should be used when one parent who is a servicemember is being deployed and either parent
wishes to temporarily establish or change the custodial responsibility, parenting plan, or time-sharing
schedule. This form cannot be used unless paternity has been established, whether or not parental
responsibility, a parenting plan, and/or a time-sharing schedule have been established. This form should
not be used if the action is prohibited by the Service Members Civil Relief Act, 50 U.S.C. ss. 3901-4043.
The Motion should be filed after a parent receives a Notice of Deployment.
A servicemember is a member of the uniformed services and includes:
• Active and reserve components of the Army, Navy, Air Force, Marine Corps, or the Coast Guard
of the United States
• The United States Merchant Marine
• The commissioned corps of the United States Public Health Service
• The commissioned corps of the National Oceanic and Atmospheric Administration
• The National Guard of a state or territory of the United States, Puerto Rico, or the District of
Columbia
Deployment means the movement or mobilization of a servicemember for less than 18 months pursuant
to uniformed service orders that:
• Are designated as unaccompanied;
• Do not authorize dependent travel; or
• Otherwise do not permit the movement of family members to the location to which the service
member is deployed.
Custodial responsibility includes all the powers and duties relating to caretaking authority and
decisionmaking authority for a child. It includes physical custody, legal custody, parental responsibility,
parenting time, right to access, time-sharing, visitation, and authority to grant limited contact with a child.
Caretaking authority means the right to live with and care for a child on a day-to-day basis. The term
includes physical custody, parenting time, right to access, time-sharing, and visitation.
Decisionmaking authority means the power to make important decisions regarding a child, including
decisions regarding a child’s education, religious training, health care, extracurricular activities, and travel.
The term does not include the power to make decisions that necessarily accompany a grant of caretaking
authority.
Limited contact means the authority of a Nonparent to visit a child for a limited time. The term includes
Instructions for Florida Supreme Court Approved Family Law Form 12.948(b), Motion for Temporary Order
Granting Custodial Responsibility During Deployment. (07/20)
- 17 -
authority to take the child to a place other than the child’s residence.
A Nonparent who is an adult family member of the child or a non-family member with whom the child
has a close and substantial relationship may be granted temporary caretaking authority. A close and
substantial relationship means a positive relationship of substantial duration and depth in which a
significant emotional bond exists between a child and a Nonparent.
What should I do next?
This form should be typed or printed in black ink. After completing this form, you should sign the form
before a notary public or deputy clerk or in the case of an active duty member, before an officer
authorized to administer oaths.
You should file the original with the clerk of the circuit court and keep a copy for your records. The Motion
must be filed in a pending proceeding for custodial responsibility or an existing case if you have one. If
there is not a pending proceeding, the motion must be filed in a new action. The court must have
jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act.
If you have filed all of the required papers, you may contact the clerk of court, family law intake staff or
the judicial assistant to set a hearing. You must notify the other party(ies) of the hearing by using a Notice
of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate
notice of hearing form. If the Motion for Temporary Order Granting Custodial Responsibility During
Deployment is filed before the deploying parent deploys, you may request an expedited hearing. The
court will then enter an order after the hearing.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be
filed electronically except in certain circumstances. Self-represented litigants may file petitions or other
pleadings or documents electronically; however, they are not required to do so. If you choose to file
your pleadings or other documents electronically, you must do so in accordance with Florida Rule of
Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file.
The rules and procedures should be carefully read and followed.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified
process server, the Florida Rules of Judicial Administration now require that all documents required or
permitted to be served on the other party must be served by electronic mail (e-mail) except in certain
circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial
Administration.
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT
REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the
procedures must always be followed once the initial election is made. If you elect to participate in
Instructions for Florida Supreme Court Approved Family Law Form 12.948(b), Motion for Temporary Order
Granting Custodial Responsibility During Deployment. (07/20)
- 18 -
electronic service, which means serving or receiving pleadings by electronic mail (e-mail), or through the
Florida Courts E-Filing Portal, you must review Florida Rule of Judicial Administration 2.516. You many find
this rule at www.flcourts.org through the link to the Rules of Judicial Administration provided under either
Family Law Forms: Getting Started, or Rules of Court in the A-Z Topical Index.
To serve and receive documents by e-mail, you must designate your e-mail addresses by using the
Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form
12.915, and you must provide your e-mail address on each form on which your signature appears. Please
CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court
Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida Supreme
Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.
Where can I look for more information?
Before proceeding, you should read General Information for Self-Represented Litigants found at the
beginning of these forms. The words that are in “bold underline” in these instructions are defined there.
For further information, see sections 61.703-61.773, Florida Statutes.
Special notes
If you do not have the money to pay the filing fee, you may obtain an Application for Determination of
Civil Indigent Status from the clerk, fill it out, and the clerk will determine whether you are eligible to have
filing fees deferred.
With this form, you must also file the following:
• Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court
Approved Family Law Form 12.902(d).
• Settlement Agreement, if you have reached an agreement on any or all of the issues, you should file
an Agreement Granting Temporary Custodial Responsibility During Deployment, Florida Supreme
Court Approved Family Law Form 12.948(a).
• Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), if not
previously filed.
Nonlawyer. Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you
fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law
Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these
forms also must put his or her name, address, and telephone number on the bottom of the last page of
every form he or she helps you complete.
Instructions for Florida Supreme Court Approved Family Law Form 12.948(b), Motion for Temporary Order
Granting Custodial Responsibility During Deployment. (07/20)
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IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT,
IN AND FOR ______________________________ COUNTY, FLORIDA
Case No: ________________________
Division: ________________________
_________________________________,
Petitioner,
And
_________________________________,
Respondent.
MOTION FOR TEMPORARY ORDER GRANTING CUSTODIAL
RESPONSIBILITY DURING DEPLOYMENT
I, {full legal name} _______________________________________, being sworn, certify that the
following information is true:
1. A final judgment or order establishing custodial responsibility or a Parenting Plan with a time-sharing schedule
_____ has ______has not been previously entered by the court. If a final judgment or order has been entered,
the date of the last order or judgment is ____________________________.
{A copy/copies of the final judgment or any modification(s) is/are attached.}
2. The parent, {name} _____________________________________, has received a notice of
deployment that he/she is subject to deployment on or about {specific date} __________________
for a period of less than 18 months.
3. This motion _____ is _____ is not being filed before the Deploying Parent deploys.
I _____ am ______ am not requesting an expedited hearing in accordance with the statute.
4. The Deploying Parent is temporarily unable to continue the current parenting plan and time-sharing
schedule with the minor children during the period of time that the parent is deployed.
5. The parties ____ have _____ have not reached an agreement regarding Temporary Custodial
Responsibility during deployment. If the parties have reached an agreement, an Agreement Granting
Temporary Custodial Responsibility During Deployment is filed with this Motion.
Florida Supreme Court Approved Family Law Form 12.948(b), Motion for Temporary Order Granting Custodial
Responsibility During Deployment. (07/20)
- 20 -
6. I ____ am _____ am not requesting that a Nonparent(s) be granted temporary custodial responsibility
during the deployment. The Nonparent (s) is/are:
{Name(s)} _________________________________________________________________________.
7. I _____ am _____ am not requesting that a Nonparent(s) be granted decisionmaking authority due
to the operational constraints of the deployment. The Nonparent(s) is/are:
{Name(s)} _______________________________________________________________________.
The decisionmaking powers are as follows: __________________________________________
_________________________________________________________________________________.
8. I _____ am _____ am not requesting that a Nonparent(s) be granted temporary caretaking authority.
The Nonparent(s) is/are: {Name}_____________________________________________________.
9. I request the following contact during deployment: _____________________________________
_______________________________________________________________________________
________________________________________________________________________________.
{_____ Please indicate if additional pages are included}
10. The relief I am requesting is in the best interests of the children because: _____________________
_________________________________________________________________________________
_________________________________________________________________________________.
11. If the motion is granted, I request the court to:
_____Enter a temporary order for child support from the Deploying Parent to the Other Parent
pursuant to s. 61.30, F.S.;
_____Suspend, abate, or reduce the child support obligation of the Other Parent until the custody
judgment or time-sharing order previously in effect is reinstated.
_____ Require the Deploying Parent to enroll the child as a military dependent with DEERS, TriCare,
or other similar benefits available to the military dependents as provided by the Deploying Parent’s
branch of service.
12. If establishment or modification of child support is requested, a completed Family Law Financial
Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c) and a Child Support Guidelines
Worksheet, Florida Family Law Rules of Procedure Form 12.902(e) is, or will be, filed.
13. A completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida
Supreme Court Approved Family Law Form 12.902(d), is filed with this motion
Florida Supreme Court Approved Family Law Form 12.948(b), Motion for Temporary Order Granting Custodial
Responsibility During Deployment. (07/20)
- 21 -
14. I understand that any Order entered pursuant to this Motion automatically terminates 30 days after
the Deploying Parent gives notice of his/her return from deployment to the Other Parent, unless the
parties agree otherwise in writing or in a record, or the court has already terminated the Order.
15.Other:
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
_________________________________________________________________________________
CERTIFICATE OF SERVICE
I certify that a copy of this Motion for Temporary Order Granting of Custodial Responsibility During
Deployment was _____ mailed _____ faxed and mailed _____ e-mailed _____hand-delivered to the
parties and any entities listed below on {date}____________________________________.
______________________________________
{Signature of Petitioner}
Deploying Parent or his/her attorney
Name___________________________________
Address: ________________________________
City, State, Zip: ___________________________
Fax Number: _____________________________
Designated E-Mail Address(es) ______________
_______________________________________
Other Parent or his/her attorney
Name___________________________________
Address: ________________________________
City, State, Zip: ___________________________
Fax Number: _____________________________
Designated E-Mail Address(es) ______________
_______________________________________
Florida Supreme Court Approved Family Law Form 12.948(b), Motion for Temporary Order Granting Custodial
Responsibility During Deployment. (07/20)
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Nonparent or his/her attorney
Name___________________________________
Address: ________________________________
City, State, Zip: ___________________________
Fax Number: _____________________________
Designated E-Mail Address(es) ______________
_______________________________________
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this
motion and that the punishment for knowingly making a false statement includes fines and/or
imprisonment.
Florida Supreme Court Approved Family Law Form 12.948(b), Motion for Temporary Order Granting Custodial
Responsibility During Deployment. (07/20)
- 23 -
Dated: ______________________ _____________________________________________
Signature of Petitioner
Printed Name: _________________________________
Address: _____________________________________
City, State, Zip: ________________________________
Telephone Number: _____________________________
Fax Number: __________________________________
Designated E-mail Address(es):____________________
_____________________________________________
STATE OF FLORIDA
COUNTY OF ____________________
Sworn to or affirmed and subscribed before me by means of _____ physical presence or
_____ online notarization this _____ day of ___________, {year} ________ by
{name of person making statement} _______________________________________________________.
_____________________________________________
NOTARY PUBLIC, DEPUTY CLERK, or MILITARY
OFFICER AUTHORIZED TO ADMINISTER OATHS
_____________________________________________
[Print, type, or stamp commissioned name of notary.]
_____ Personally known
_____ Produced identification
_____ Type of identification produced ________________________________
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:
Florida Supreme Court Approved Family Law Form 12.948(b), Motion for Temporary Order Granting Custodial
Responsibility During Deployment. (07/20)
- 24 -
[fill in all blanks] This form was prepared for the ______ Petitioner ______ Respondent.
This form was completed with the assistance of:
{name of individual} ________________________________________________________________,
{name of business} __________________________________________________________________,
{address} _________________________________________________________________________,
{city} ___________,{state} _______, {zip code}_____________, {telephone number}
Florida Supreme Court Approved Family Law Form 12.948(b), Motion for Temporary Order Granting Custodial
Responsibility During Deployment. (07/20)
- 25 -
IN THE CIRCUIT COURT OF THE___________________________JUDICIAL CIRCUIT
IN AND FOR _______________________COUNTY, FLORIDA
Case No.: _______________________________
Division: ________________________________
________________________________,
Petitioner,
and
________________________________,
Respondent.
ORDER GRANTING TEMPORARY CUSTODIAL RESPONSIBILITY
DURING DEPLOYMENT
THIS CAUSE came before this Court on a Motion for Temporary Custodial Responsibility During
Deployment. The Court, having reviewed the file, heard the testimony, and being otherwise fully advised,
makes these findings of fact and reaches these conclusions of law:
SECTION I. FINDINGS
1. The Court has jurisdiction over the subject matter and the parties, including jurisdiction pursuant to
the Uniform Child Custody Jurisdiction and Enforcement Act.
2. Entry of this Order is not prohibited by the Servicemembers Civil Relief Act, 50, U.S.C. ss. 3901-4043.
3. The last order establishing or modifying parental responsibility, visitation, or time-sharing was
entered on _______________________.
Florida Supreme Court Approved Family Law Form 12.948(c), Order Granting Custodial Responsibility During
Deployment. (07/20)
- 26 -
4. The parties’ dependent or minor children are:
Name Birth date
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
_________________________________________________________________________________.
SECTION II: DEPLOYMENT
1. _______________________________________________ is being deployed for a period of less
than 18 months pursuant to uniformed service orders.
2. A Notice of Deployment was provided to the Other Parent on_______________________.
3. To the extent it is permissible to provide this information, the destination of the deployment is:
____________________________________________________________________________
____________________________________________________________________________.
4. To the extent it is permissible to provide this information, the anticipated duration of the
deployment is: __________________________________________________________________.
5. To the extent that it is permissible to provide this information, the conditions of the deployment
are __________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________.
SECTION III: TEMPORARY CARETAKING AUTHORITY, DECISIONMAKING AUTHORITY, CONTACT WITH
CHILDREN BETWEEN PARENTS
The parties:
_____ Have filed an Agreement for Temporary Custodial Responsibility During Deployment which
is in the best interests of the children and is adopted by the Court. A copy of the Agreement is
attached as Exhibit ______. The parties, and all those who signed the Agreement, are ordered to
comply with terms of the Agreement.
OR
Florida Supreme Court Approved Family Law Form 12.948(c), Order Granting Custodial Responsibility During
Deployment. (07/20)
- 27 -
_____Have NOT filed an Agreement for Temporary Custodial Responsibility During Deployment.
Until this Order terminates pursuant to Section VII, the parents shall comply with the following,
which is in the children’s best interest:
1. Caretaking Authority:
Deploying Parent: _____________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
Other Parent: ________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________.
2. Decisionmaking Authority:
Deploying Parent: ____________________________________________________________
___________________________________________________________________________
___________________________________________________________________________.
Other Parent: ________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
____________________________________________________________________________.
3. Contact with Children-Deploying Parent
a. During Deployment:
i. Frequency:_____________________________________________________
_________________________________________________________________
_________________________________________________________________;
ii. Duration:______________________________________________________
_________________________________________________________________
________________________________________________________________;
iii. Means, Including Electronic:______________________________________
________________________________________________________________
________________________________________________________________
______________________________________________________________
________________________________________________________________;
iv. Role of Other Parent in Facilitating Contact:__________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________;
v. Role of Agreed Nonparent in Facilitating Contact:_______________________
Florida Supreme Court Approved Family Law Form 12.948(c), Order Granting Custodial Responsibility During
Deployment. (07/20)
- 28 -
_________________________________________________________________
________________________________________________________________;
vi. Allocation of Any Costs of Contact:____________________________
________________________________________________________________
________________________________________________________________
_______________________________________________________________.
b. While on leave or is otherwise available: __________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________.
c. After deployment ends and until termination of order:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________.
4. Contact with Children-Other Parent
__________________________________________________________________________
__________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________.
SECTION IV: NONPARENT-TEMPORARY CARETAKING AUTHORITY, DECISIONMAKING AUTHORITY,
CONTACT WITH CHILDREN
A. The parties:
_____ Have filed an Agreement for temporary caretaking authority, decisionmaking authority
and contact by the Nonparent. The Agreement is in the best interests of the children and
is adopted by the Court. Until this Order is terminated pursuant to Section VII, the parties,
and all who signed the Agreement, are ordered to comply with the terms of the
Agreement.
OR
Florida Supreme Court Approved Family Law Form 12.948(c), Order Granting Custodial Responsibility During
Deployment. (07/20)
- 29 -
______ Have NOT reached an Agreement for temporary caretaking authority, decisionmaking
authority, and/or contact with the children
B. The Court:
______ Finds that it is NOT in the children’s best interest to establish caretaking authority,
decisionmaking authority, or contact with the children by any Nonparent.
OR
______ Finds that it is in the children’s best interest to establish caretaking authority,
decisionmaking authority, and/or contact with the children by Nonparent(s),
____________________________ who is ______ an adult family member of the child, or
______an adult who is not a family member but a person with whom the children have a close
and substantial relationship.
The full legal name, street address, telephone number, and e-mail address of the Nonparent(s)
is: ______________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________.
The children’s street address shall not be changed without notification to the Court and all
parties disclosing the new address and contact information.
Until this Order terminates pursuant to Section VII, the parties and the Nonparent(s) shall
comply with the following:
1. Caretaking Authority {If Applicable}
The Court finds caretaking authority by the Nonparent is in the best interest of the children. If
the Nonparent is an adult who is not a family member, but a person with whom the children
have a close and substantial relationship, the best interest of the children has been established
by clear and convincing evidence.
{Specific Findings}: _____________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________.
The Nonparent(s) shall have caretaking authority as follows: ___________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________.
Florida Supreme Court Approved Family Law Form 12.948(c), Order Granting Custodial Responsibility During
Deployment. (07/20)
- 30 -
The caretaking authority does not exceed the amount of time granted to the Deploying Parent
under a permanent custody order. In the absence of a permanent custody order currently in
effect, the caretaking authority does not exceed amount of time the Deploying Parent habitually
cared for the child(ren) before being notified of deployment. Additional travel time may be
added if necessary to transport the children.
2. Decisionmaking Authority {If Applicable}
If due to the operational constraints of the deployment, the Deploying Parent is unable to
exercise decisionmaking authority, the Court finds that it is in the best interest of the children
that the Nonparent(s) exercise the following decisionmaking authority. If the Nonparent(s) is an
adult who is not a family member, but a person with whom the children has/have a close and
substantial relationship, the best interest of the children has been established by clear and
convincing evidence.
{Specific Findings}:______________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
____________________________________________________________________________.
The specific decisionmaking powers are: ______________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________.
The duration of the decisionmaking powers is: {Cannot exceed the length of time in which the
Deploying Parent is unable to exercise decision making authority} _______________________
____________________________________________________________________________.
3. Contact {If Applicable}
The Court finds that it is in the best interest of the children for the Nonparent to have contact
as follows. If the Nonparent is an adult who is not a family member with whom the child has a
close and substantial relationship, the best interest of the children has been established by clear
and convincing evidence.
{Specific Findings}: _____________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
____________________________________________________________________________.
Nonparent contact is as follows:______________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________.
Florida Supreme Court Approved Family Law Form 12.948(c), Order Granting Custodial Responsibility During
Deployment. (07/20)
- 31 -
SECTION V. CHILD SUPPORT
1. The Court has jurisdiction under the Uniform Interstate Family Support Act.
2. There _____ is _____ is not an existing child support obligation. ____________________ (Obligor)
is currently ordered to pay ________________________ (Obligee) child support in the amount of
$___________every {specify week, every two weeks, month, or other} _______________________.
3. Temporary Modification of Child Support.
a. _____ The Court does not modify the existing child support obligation.
b. _____The current obligation to pay child support is:
_____ Abated
_____ Suspended
_____ Reduced to $______________ per {specify week, every two weeks, month, or other}
_______________________________________________________________________ until
such time as the custody judgment or time-sharing order previously in effect is reinstated.
c. ______The Court finds that there is a need for temporary establishment or modification of child
support and that ________________________ (Obligor) has the present ability to pay child
support.
d. ______ The amounts in the attached Child Support Guidelines Worksheet, Florida Family Law Rules
of Procedure Form 12.902(e), are correct.
OR
________The Court makes the following findings:
Obligor’s net monthly income is $____________, (Child Support Guidelines ____ %).
Obligee’s net monthly income is $_____________, (Child Support Guidelines____ %).
Monthly childcare costs are $________________.
Monthly health/dental insurance costs for the child(ren) are $__________________.
4. Amount.
Temporary child support of $____________per month for the _______children {total number of
parties’ minor or dependent children shall be paid commencing _______________ {month, day,
year} and terminating _______________________ {month, day, year}. Child support shall be
paid in the amount of $_____________ per ____________ {week, month, other} which is
consistent with the Obligor’s current payroll cycle.
Florida Supreme Court Approved Family Law Form 12.948(c), Order Granting Custodial Responsibility During
Deployment. (07/20)
- 32 -
The Court establishes the following conditions regarding child support:
___________________________________________________________________________
___________________________________________________________________________
____________________________________________________________________________.
If the child support ordered deviates from the guidelines by more than 5%, the factual findings
which support that deviation are: _________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________.
5. Place of Payment.
a. _____Obligor shall pay court-ordered support directly to either the State Disbursement Unit or
the central depository, as required by statute, along with any fee required by statute.
OR
b. _____Both parties have requested and the Court finds that it is in the best interests of the children
that support payments need not be directed through either the State Disbursement Unit or the
central depository at this time; however, either party may subsequently apply, pursuant to section
61.13(1)(d)3, Florida Statutes, to require payments through the State Disbursement Unit or the
central depository.
6. Income Deduction.
a. _____Immediate. Obligor shall pay through income deduction, pursuant to a separate Income
Deduction Order which shall be effective immediately. Obligor is individually responsible for
paying his/her support obligation until all said support is deducted from his/her income. Until
support payments are deducted from Obligor paycheck, he or she is responsible for making timely
payments directly to the State Disbursement Unit or the Obligee, as previously set forth in this
order.
b. _____Deferred. Income deduction is ordered this day, but it shall not be effective until a
delinquency of $______________, or, if not specified, an amount equal to one month’s obligation
occurs. Income deduction is not being implemented immediately based on the following findings:
Income deduction is not in the best interests of the child(ren) because: {explain}
_____________________________________________________________________________
______________________________________________________________________________
Florida Supreme Court Approved Family Law Form 12.948(c), Order Granting Custodial Responsibility During
Deployment. (07/20)
- 33 -
AND
_____ There is proof of timely payment of a previously ordered obligation without an Income
Deduction Order,
AND
_____ There is an agreement by the Obligor to advise the Title IV-D agency, clerk of court and
Obligee of any change in Payor and/or health insurance
OR
_____there is a signed written agreement providing an alternative arrangement between the
Obligor and the Obligee and, at the option of the IV-D agency, by the IV-D agency in IV-D cases in
which there is an assignment of support rights to the state, reviewed and entered in the record
by the court.
c. Other provisions relating to child support: ___________________________________________
_____________________________________________________________________________
____________________________________________________________________________.
SECTION VI: INSURANCE
1. _____ The Court does not change the previously established insurance provisions.
2. _____ The Deploying Parent shall enroll the children as military dependent(s) with DEERS,
TriCare, or other similar benefits available to military dependents as provided by the Deploying
Parent’s branch of service.
3. _____Reasonable and necessary uninsured medical/dental/prescription drug costs for the
minor children shall be assessed as follows:
_____ Shared equally by both parents.
_____ Prorated according to the child support guideline percentages.
_____ Other {explain}: ____________________________________________________________
______________________________________________________________________________
As to these uninsured medical/dental/prescription drug expenses, the party who incurs the
expense shall submit a request for reimbursement to the other party within 30 days, and the
other party, within 30 days of receipt, shall submit the applicable reimbursement for that
expense, according to the schedule of reimbursement set out in this paragraph.
Florida Supreme Court Approved Family Law Form 12.948(c), Order Granting Custodial Responsibility During
Deployment. (07/20)
- 34 -
SECTION VII: TERMINATION
This Order is temporary and terminates automatically 30 days after the Deploying Parent gives notice of
his/her return from deployment to the Other Parent, unless the parties agree otherwise in writing or in a
record, or the Court has already terminated the Order.
SECTION VIII. OTHER
1. Other Provisions. ___________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
_________________________________________________________________________________.
2. The Court reserves jurisdiction to modify and enforce this Order Granting Temporary Custodial
Responsibility During Deployment.
3. Unless specifically modified by this Order, the provisions of all final judgments or orders in effect
remain the same.
ORDERED at _________________________, Florida, on ___________________.
_____________________________
CIRCUIT JUDGE
Florida Supreme Court Approved Family Law Form 12.948(c), Order Granting Custodial Responsibility During
Deployment. (07/20)
- 35 -
CERTIFICATE OF SERVICE
I certify that a copy of this Order Granting Temporary Custodial Responsibility During
Deployment was _____ mailed _____ faxed and mailed _____ e-mailed _____hand-delivered to
the parties and any entities listed below on {date}___________________________.
______________________________________
by {clerk of court or designee}
_____Petitioner (or his or her attorney)
_____Respondent (or his or her attorney)
_____Nonparent (if applicable)
_____Central Depository
_____State Disbursement Unit
_____Other: _______________________
Florida Supreme Court Approved Family Law Form 12.948(c), Order Granting Custodial Responsibility
During Deployment (07/20)
- 36 -
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY
LAW FORM 12.948(d)
MOTION TO MODIFY OR TERMINATE TEMPORARY GRANT OF
CUSTODIAL RESPONSIBILITY OR LIMITED CONTACT DURING
DEPLOYMENT
(07/20)
When should this form be used?
This form should be used when you are asking the court to modify or terminate a temporary grant
of custodial responsibility during deployment. The Motion must be consistent with the
Servicemembers Civil Relief Act, 50 U.S.C. ss. 3902-4043. The Motion may be filed by the
Deploying Parent, the Other Parent, or any Nonparent who was granted caretaking authority. A
temporary grant of custodial modification or limited contact, and any modification, is temporary
and terminates 30 days after the Deploying Parent gives notice of his/her return from deployment
to the Other Parent, unless the temporary grant of custodial responsibility or limited contact has
been terminated before that time by court order
This form should be typed or printed in black ink. After completing this form, you should sign the
form before a notary public or deputy clerk. A military member may sign before a military officer
authorized to administer oaths. You should file the Motion in the case where the Order Granting
Temporary Custodial Responsibility During Deployment was entered. You should file the original
with the clerk of the circuit court and keep a copy for your records.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and
documents be filed electronically except in certain circumstances. Self-represented litigants may
file petitions or other pleadings or documents electronically; however, they are not required to
do so. If you choose to file your pleadings or other documents electronically, you must do so in
accordance with Florida Rule of Judicial Administration 2.525, and you must follow the procedures
of the judicial circuit in which you file. The rules and procedures should be carefully read and
followed.
What should I do next?
For your case to proceed, you must certify that you have sent a copy of the Motion to all the other
parties, including any Nonparty granted caretaking authority. If you have filed all of the required
papers, you may contact the clerk of court, family law intake staff or the judicial assistant to set a
hearing. You must notify the other party(ies) of the hearing by using a Notice of Hearing
Instructions for Florida Supreme Court Approved Family Law Form 12.948(d), Motion to Modify or
Terminate Temporary Grant of Custodial Responsibility or Limited Contact During Deployment (07/20)
- 37 -
(General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice
of hearing form.
Where can I look for more information?
Before proceeding, you should read “General Information for Self-Represented Litigants” found
at the beginning of these forms. The words that are in “bold underline” in these instructions are
defined there. For further information, see sections 61.703-61.773, Florida Statutes.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or
certified process server, the Florida Rules of Judicial Administration now require that all
documents required or permitted to be served on the other party must be served by electronic
mail (e-mail) except in certain circumstances. You must strictly comply with the format
requirements set forth in the Rules of Judicial Administration. If you elect to participate in
electronic service, which means serving or receiving pleadings by electronic mail (e-mail), or
through the Florida Courts E-Filing Portal, you must review Florida Rule of Judicial Administration
2.516. You may find this rule at www.flcourts.org through the link to the Rules of Judicial
Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the
A-Z Topical Index.
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT
REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-
mail, the procedures must always be followed once the initial election is made.
To serve and receive documents by e-mail, you must designate your e-mail addresses by using the
Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law
Form 12.915, and you must provide your e-mail address on each form on which your signature
appears. Please CAREFULLY read the rules and instructions for: Certificate of Service (General),
Florida Supreme Court Approved Family Law Form 12.914; Designation of Current Mailing and E-
mail Address, Florida Supreme Court Approved Family Law Form 12.915; and Florida Rule of
Judicial Administration 2.516.
Special notes
Nonlawyer. Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer
helps you fill out these forms, that person must give you a copy of a Disclosure from
Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you.
A nonlawyer helping you fill out these forms also must put his or her name, address, and
telephone number on the bottom of the last page of every form he or she helps you complete.
Instructions for Florida Supreme Court Approved Family Law Form 12.948(d), Motion to Modify or
Terminate Temporary Grant of Custodial Responsibility or Limited Contact During Deployment (07/20)
- 38 -
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT,
IN AND FOR COUNTY, FLORIDA
Case No.:
Division:
,
Petitioner,
and
,
Respondent.
MOTION TO MODIFY OR TERMINATE TEMPORARY GRANT OF
CUSTODIAL RESPONSIBILITY OR LIMITED CONTACT DURING
DEPLOYMENT
I, {full legal name} ___________________________,
being sworn, certify that the following information is true:
1. I am the _____ Deploying Parent _____ Other Parent
______ Nonparent granted caretaking authority or limited contact.
2. On {date} _________________________ the Court entered an Order Granting Temporary
Custodial Responsibility During Deployment. The Order _____ did _____ did not adopt an
Agreement Granting Temporary Custodial Responsibility During Deployment.
3. The Order Granting Temporary Custodial Responsibility During Deployment ______has
_____ has not been modified since its entry.
4. Paragraph(s) __________________________________ of the most recent order, entered
______________________________________, describes the present caretaking authority,
decisionmaking authority, and any grant of limited contact with the children. A copy of the
most recent order is attached.
5. I ask the Court to: {Choose only one}
Florida Supreme Court Approved Family Law Form 12.948(d), Motion to Modify or Terminate Temporary
Grant of Custodial Responsibility or Limited Contact During Deployment (07/20)
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_____ Terminate the Order Granting Temporary Custodial Responsibility During Deployment
_____ Modify the Order Granting Temporary Custodial Responsibility During Deployment, as
follows: {explain} ____________________________________________________________
.
6. The termination or modification of the Order Granting Temporary Custodial Responsibility
During Deployment is in the best interest of the child(ren) because: {explain}
7. The modification is temporary and terminates 30 days after the Deploying Parent gives notice
of his/her return from Deployment to the Other Parent, unless the parties agree otherwise in
writing, or the temporary grant of custodial responsibility has already been terminated by
court order.
8. Other:
Florida Supreme Court Approved Family Law Form 12.948(d), Motion to Modify or Terminate Temporary
Grant of Custodial Responsibility or Limited Contact During Deployment (07/20)
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CERTIFICATE OF SERVICE
I certify that a copy of this Motion to Modify or Terminate Temporary Grant of Custodial
Responsibility or Limited Contact to Nonparent During Deployment was _____ mailed
_____ faxed and mailed _____e-mailed _____hand-delivered to the parties and any entities
listed below on {date}___________________________.
______________________________________
{Signature}
Deploying Parent or his/her attorney
Name___________________________________
Address: ________________________________
City, State, Zip: ___________________________
Fax Number: _____________________________
Designated E-Mail Address(es) ______________
_______________________________________
Other Parent or his/her attorney
Name___________________________________
Address: ________________________________
City, State, Zip: ___________________________
Fax Number: _____________________________
Designated E-Mail Address(es) ______________
_______________________________________
Nonparent or his/her attorney
Name___________________________________
Address: ________________________________
City, State, Zip: ___________________________
Fax Number: _____________________________
Designated E-Mail Address(es) ______________
_______________________________________
Florida Supreme Court Approved Family Law Form 12.948(d), Motion to Modify or Terminate Temporary
Grant of Custodial Responsibility or Limited Contact During Deployment (07/20)
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I understand that I am swearing or affirming under oath to the truthfulness of the claims made
in this motion and that the punishment for knowingly making a false statement includes fines
and/or imprisonment.
Dated:
_______________________________________
Signature of Deploying Parent
Printed Name: ___________________________
Address: _______________________________
City, State, Zip: __________________________
Telephone Number: ______________________
Fax Number: ___________________________
Designated E-mail Address(es):____________
___________________________________
STATE OF FLORIDA
COUNTY OF
Sworn to or affirmed and subscribed before me by means of _____ physical presence or
_____ online notarization this _____ day of _________________, {year} _________ by
{name of person making statement} ________________________________________________.
_______________________________________
NOTARY PUBLIC, DEPUTY CLERK. or MILITARY
OFFICER AUTHORIZED TO ADMINISTER OATHS
{Print, type, or stamp commissioned name of
notary}
_____ Personally known
_____ Produced identification
Type of identification produced ____________________________
Florida Supreme Court Approved Family Law Form 12.948(d), Motion to Modify or Terminate Temporary
Grant of Custodial Responsibility or Limited Contact During Deployment (07/20)
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IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:
[fill in all blanks] This form was prepared for the _____Petitioner ______Respondent
______Nonparent.
This form was completed with the assistance of:
{name of individual} _____________________________________________________________,
{name of business} ______________________________________________________________,
{address} ______________________________________________________________________,
{city}_________________,{state} ______,{zip code}________, {telephone number)___________.
Florida Supreme Court Approved Family Law Form 12.948(d), Motion to Modify or Terminate Temporary
Grant of Custodial Responsibility or Limited Contact During Deployment (07/20)
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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.948(e),
AGREEMENT TO TERMINATE ORDER GRANTING TEMPORARY
CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT
(07/20)
When should this form be used?
This form may be filed after a Deploying Parent returns from deployment and the Deploying Parent and
the Other Parent seek to terminate an Order Granting Temporary Custodial Responsibility or an
Agreement Granting Temporary Custodial Responsibility During Deployment. If the Deploying Parent and
Other Parent choose not to file this form, any order granting or modifying temporary custodial
responsibility during deployment automatically terminates 30 days after the Deploying Parent gives notice
of his/her return from deployment to the Other Parent unless the parties have agreed otherwise in writing
or in a record, or the order has been terminated by court order.
If the Deploying Parent and Other Parent choose not to file this form, any order granting or modifying
temporary custodial responsibility during deployment automatically terminates 30 days after the
Deploying Parent gives notice of his/her return from deployment to the Other Parent, unless the parties
have agreed otherwise in writing or in a record, or the order has been terminated by the court.
This form should be typed or printed in black ink. After completing this form, you should file the original
with the clerk of the circuit court in the county where the Order Granting Temporary Custodial
Responsibility was entered and keep a copy for your records.
If you have filed all of the required papers, you may contact the clerk of court, family law intake staff or
the judicial assistant to set a hearing. You must notify the other party(ies) of the hearing by using a Notice
of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate
notice of hearing form. The court will then enter an order after the hearing.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be
filed electronically except in certain circumstances. Self-represented litigants may file petitions or other
pleadings or documents electronically; however, they are not required to do so. If you choose to file your
pleadings or other documents electronically, you must do so in accordance with Florida Rule of Judicial
Administration 2.525, and you must follow the procedures of the judicial circuit in which you file. The
rules and procedures should be carefully read and followed.
Instructions for Florida Supreme Court Approved Family Law Form 12.948(e), Agreement to Terminate Order
Granting Custodial Responsibility During Deployment. (07/20)
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What should I do next?
A copy of this form must be mailed, e-mailed, or hand delivered to the other party, along with a notice of
hearing.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified
process server, the Florida Rules of Judicial Administration now require that all documents required or
permitted to be served on the other party must be served by electronic mail (e-mail) except in certain
circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial
Administration. If you elect to participate in electronic service, which means serving or receiving pleadings
by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review Florida Rule of
Judicial Administration 2.516. You may find this rule at www.flcourts.org through the link to the Rules of
Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the
A-Z Topical Index.
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT REQUIRED
TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the procedures
must always be followed once the initial election is made.
To serve and receive documents by e-mail, you must designate your e-mail addresses by using the
Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form
12.915, and you must provide your e-mail address on each form on which your signature appears. Please
CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court
Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida Supreme
Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.
Where can I look for more information?
Before proceeding, you should read “General Information for Self-Represented Litigants” found at the
beginning of these forms. The words that are in “bold underline” in these instructions are defined there.
For further information, see sections 61.703-61.773, Florida Statutes.
Special notes
Nonlawyer. Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you
fill out these forms, that person must give you a copy of Disclosure from Nonlawyer, Florida Family Law
Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms
also must put his or her name, address, and telephone number on the bottom of the last page of every
form he or she helps you complete.
Instructions for Florida Supreme Court Approved Family Law Form 12.948(e), Agreement to Terminate Order
Granting Custodial Responsibility During Deployment. (07/20)
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IN THE CIRCUIT COURT OF THE ______________________ JUDICIAL CIRCUIT,
IN AND FOR _______________________ COUNTY, FLORIDA
Case No.: _______________________________
Division: ________________________________
____________________________________,
Petitioner,
and
____________________________________,
Respondent.
AGREEMENT TO TERMINATE ORDER GRANTING TEMPORARY
CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT
1. We, the Deploying Parent {full legal name} _____________________________________
and Other Parent {full legal name} ____________________________________________,
agree to terminate the Order Granting Temporary Custodial Responsibility During
Deployment entered on {date} _________________________________________.
2. The Order Granting Temporary Custodial Responsibility During Deployment shall
terminate on:
_____ The following date: _____________________.
_____ The date this Agreement is signed by the Deploying Parent and the Other Parent.
Florida Supreme Court Approved Family Law Form 12.948(e), Agreement to Terminate Order Granting Custodial
Responsibility During Deployment. (07/20)
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CERTIFICATE OF SERVICE
We certify that a copy of this document was _____e-mailed _____ mailed _____ faxed and mailed
_____hand-delivered to the person(s) listed below on {date} ____________________________________.
NONPARENT (If applicable)
Name: ______________________________________
Address: ____________________________________
City, State, Zip: _______________________________
Fax Number: _________________________________
Designated E-mail Address(es): __________________
____________________________________________
Florida Supreme Court Approved Family Law Form 12.948(e), Agreement to Terminate Order Granting Custodial
Responsibility During Deployment. (07/20)
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I certify that I have been open and honest in entering into this Agreement. I am satisfied with this
Agreement and intend to be bound by it.
Dated: ______________________ _______________________________________
Signature of Deploying Parent
Printed Name: ___________________________
Address: _______________________________
City, State, Zip: __________________________
Telephone Number: ______________________
Fax Number: ___________________________
Designated E-mail Address(es):____________
___________________________________
STATE OF FLORIDA
COUNTY OF ____________________
Sworn to or affirmed and subscribed before me by means of _____ physical presence or
_____ online notarization this _____ day of ______________, {year} _________ by
{name of person making statement} _________________________________________.
_______________________________________
NOTARY PUBLIC, DEPUTY CLERK, or MILITARY
OFFICER AUTHORIZED TO ADMINISTER OATHS
_______________________________________
[Print, type, or stamp commissioned name of notary.]
____ Personally known
____ Produced identification
____ Type of identification produced ________________________________
Florida Supreme Court Approved Family Law Form 12.948(e), Agreement to Terminate Order Granting Custodial
Responsibility During Deployment. (07/20)
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I certify that I have been open and honest in entering into this Agreement. I am satisfied with this
Agreement and intend to be bound by it.
Dated: ______________________ _______________________________________
Signature of Other Parent
Printed Name: ___________________________
Address: _______________________________
City, State, Zip: __________________________
Telephone Number: ______________________
Fax Number: ____________________________
Designated E-mail Address(es):____________
____________________________________
STATE OF FLORIDA
COUNTY OF ____________________
Sworn to or affirmed and subscribed before me by means of _____ physical presence or
_____ online notarization this _____ day of ______________, {year} _________ by
{name of person making statement} ______________________________________.
_______________________________________
NOTARY PUBLIC, DEPUTY CLERK, or MILITARY
OFFICER AUTHORIZED TO ADMINISTER OATHS
_______________________________________
[Print, type, or stamp commissioned name of notary.]
____ Personally known
____ Produced identification
____ Type of identification produced ________________________________
Florida Supreme Court Approved Family Law Form 12.948(e), Agreement to Terminate Order Granting Custodial
Responsibility During Deployment. (07/20)
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IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:
[fill in all blanks] This form was prepared for the: {choose only one} _____ Petitioner _____Respondent
This form was completed with the assistance of:
{name of individual} ____________________________________________________________________,
{name of business} _____________________________________________________________________,
{address} ___________________________________________________________________________,
{city} ______________, {state} _____, {zip code} ___________, {telephone number} ________________.
Florida Supreme Court Approved Family Law Form 12.948(e), Agreement to Terminate Order Granting Custodial
Responsibility During Deployment. (07/20)
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