Form 12.948(A) "Agreement for Temporary Custodial Responsibility During Deployment" - Florida

What Is Form 12.948(A)?

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(A) 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(A) "Agreement for Temporary Custodial Responsibility During Deployment" - Florida

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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED
FAMILY LAW FORM 12.948(a)
AGREEMENT GRANTING TEMPORARY 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 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.
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.
Instructions for Florida Supreme Court Approved Family Law Form 12.948(a), Agreement Granting
Temporary Custodial Responsibility During Deployment (12/19)
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED
FAMILY LAW FORM 12.948(a)
AGREEMENT GRANTING TEMPORARY 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 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.
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.
Instructions for Florida Supreme Court Approved Family Law Form 12.948(a), Agreement Granting
Temporary Custodial Responsibility During Deployment (12/19)
This agreement is temporary and terminates after the Deployed Parent returns from deployment
unless the agreement has been terminated in a record or by written agreement, or 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 child(ren), 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 child(ren) 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 after the Deploying Parent returns from
deployment 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.
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 child(ren). 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.
Instructions for Florida Supreme Court Approved Family Law Form 12.948(a), Agreement For Temporary
Custodial Responsibility During Deployment (12/19)
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.
Instructions for Florida Supreme Court Approved Family Law Form 12.948(a), Agreement For Temporary
Custodial Responsibility During Deployment (12/19)
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 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 (12/19)
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
being sworn, certify that the following information is true:
The dependent or minor child(ren) 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 (12/19)