After a divorce involving minor children, child custody agreements will govern your everyday and overall care of your child. This agreement also has the ability to determine the ability to take your children out of state. When considering a vacation outside of the State of Florida consult your child custody agreement, and your Orlando Child Custody Attorney to determine your rights and responsibilities for planning a vacation out of state with your children.
When first determining if you can take your children out of the State of Florida, consult the child custody agreement signed by you and your former partner, as well as incorporated by the court in their final order. Many child custody agreements in Florida contain a provision regarding out of state travel with the children. The clause generally limits the amount of time the child will be removed from the state, the notice required to be provided to the other parent containing the location of the child and methods of contact. For instance, many agreements require, if a child is leaving the confines of the State of Florida for over 24 hours, the parent is required to provide notice and information to the second parent regarding the travel and even receive written confirmation from the parent giving permission for the travel. If there is a clause regarding the out of state travel with your children and it is violated, you will then need to seek guidance from your Orlando Child Custody Attorney and discuss the options of filing Motions for Enforcement and Contempt.
In contrast, if your child custody agreement is silent as to out of state travel, you may be able to freely travel with your children during your granted timesharing period. However, if you wish to extend your timesharing period in order to travel out of state with the children, you will need to seek permission from the other parent. If the parent does not agree, it is unlikely that you can seek a court remedy as timesharing is already determined by the agreement and an extension of this timesharing may only be modified by the court upon a substantial change in circumstances. A desire to vacation out of state will not rise to the level of substantial change.
Finally, if you or your former partner has taken the children out of state, with or without your permission, and has yet to return as agreed, you may seek an Emergency Action if you fear parental kidnapping has occurred. Generally, you will need to show the court the agreement between you and your partner regarding the vacation, the lack of contact that has occurred, and failure to obtain any further information regarding our child’s whereabouts. Your Orlando Child Custody Attorney will be crucial to these proceedings.
If you desire to vacation out of state with your children consult your child custody agreement and your Orlando Child Custody Attorney. Ensure you strictly adhere to the clauses in your agreement and in return if your former partner has violated your agreement, seek the guidance of your Orlando Child Custody Attorney to ensure the safe return of your children and enforcement of your child custody order.
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