Form 12.948(B) "Motion for Temporary Order Granting Custodial Responsibility During Deployment" - Florida

What Is Form 12.948(B)?

This is a legal form that was released by the Florida Circuit Court - a government authority operating within Florida. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on December 1, 2019;
  • The latest edition provided by the Florida Circuit Court;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form 12.948(B) by clicking the link below or browse more documents and templates provided by the Florida Circuit Court.

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Download Form 12.948(B) "Motion for Temporary Order Granting Custodial Responsibility During Deployment" - Florida

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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY
LAW FORM 12.948(b)
MOTION FOR TEMPORARY ORDER GRANTING CUSTODIAL
RESPONSIBILITY DURING DEPLOYMENT
(12/19)
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 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.
Instructions for Florida Supreme Court Approved Family Law Form 12.948(b), Motion for Temporary Order
Granting Custodial Responsibility During Deployment (12/19)
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY
LAW FORM 12.948(b)
MOTION FOR TEMPORARY ORDER GRANTING CUSTODIAL
RESPONSIBILITY DURING DEPLOYMENT
(12/19)
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 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.
Instructions for Florida Supreme Court Approved Family Law Form 12.948(b), Motion for Temporary Order
Granting Custodial Responsibility During Deployment (12/19)
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.
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.
Instructions for Florida Supreme Court Approved Family Law Form 12.948(b), Motion for Temporary Order
Granting Custodial Responsibility During Deployment (12/19)
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 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
For further information, see sections 61.703-61.773, Florida Statutes.
defined there.
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 (12/19)
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 child(ren) 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.
6. I ____ am _____ am not requesting that a Nonparent be granted temporary custodial responsibility
during the deployment. The Nonparent is {Name} _______________________________________.
7. I _____ am _____ am not requesting that a Nonparent be granted decisionmaking authority due to
the operational constraints of the deployment. The Nonparent is {Name} _____________________.
The decisionmaking powers are as follows:
Florida Supreme Court Approved Family Law Form 12.948(b), Motion for Temporary Order Granting Custodial
Responsibility During Deployment. (12/19)
__________________________________________________________________________________
_________________________________________________________________________________.
8. I _____ am _____ am not requesting that a Nonparent be granted temporary caretaking authority.
The Nonparent is: {Name}_________________________________________________________.
9. I request the following contact during deployment: _____________________________________
_______________________________________________________________________________
________________________________________________________________________________.
10. This temporary custodial responsibility is in the best interests of the child(ren) 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 petition.
14. Other: ____________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Florida Supreme Court Approved Family Law Form 12.948(b), Motion for Temporary Order Granting Custodial
Responsibility During Deployment. (12/19)
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