Question Regarding State Travel with a Child Without Prior Authorization?
In Florida, parents who share custody must generally obtain permission from the other parent before traveling out of state with their child, unless the custody agreement or court order explicitly allows travel without such consent. This applies especially in cases of shared parental responsibility, where both parents must agree on major decisions including travel.
Shared Parental Responsibility and Consent
Shared Parental Responsibility means that both parents have the right to make important decisions for the child, including travel plans. Parents should communicate and obtain consent before taking the child out of state to avoid interfering with the other parent’s timesharing rights or the child's relationship with the other parent.
Advance Notice and Permission
Most parenting plans require that the traveling parent provide advance notice (often at least 30 days) about travel plans, including dates, destination, and contact information.
Relocation More Than 50 Miles
If one parent plans to relocate 50 miles or more away from the child’s current residence, they must notify the other parent in writing at least 60 days in advance, providing address details, moving date, a proposed new timesharing schedule, and informing the other parent of their right to object within 30 days.
Legal Consequences
Traveling with the child without required consent or court approval may result in legal issues, including allegations of parental kidnapping or contempt of court.
Intrastate Travel
Traveling within the state of Florida generally requires parental consent under the same shared custody framework, but Florida law also allows travel with the child’s parent or another adult authorized by the parent.
Court Intervention
If parents cannot agree on travel or relocation issues, they may need to return to court to modify custody or obtain a court order authorizing travel or relocation.
Seeking Legal Advice
Consulting with a family law attorney can help you understand your rights and navigate the legal process if conflicts arise. Attorneys can draft formal travel consent letters or agreements that outline travel details and parental permissions.
Petitioning the Court
If the other parent refuses to grant permission for out-of-state travel without a valid reason, you may petition the court for permission. An attorney can assist in communicating with the other parent or their legal counsel to obtain the necessary travel permissions.
Essential Tips
- When traveling with your child out of state, it is advisable to inform the other parent, obtain written consent, provide details about the travel itinerary, contact information, and accommodations, and schedule travel during your designated timesharing period.
- Bring a copy of the custody order and any travel consent forms when traveling with your child out of state.
- If you share custody of your child in Florida, you often need permission from the other parent before taking your child out of state for a vacation.
- Working with a family law attorney can reduce stress and help you focus on enjoying your time with your child during your vacation.
- In a shared parental responsibility setting, parents have the authority to decide on travel plans for their child, necessitating communication and obtained consent to prevent disruption of the other parent's timesharing rights or the child’s connection with them.
- Most parenting plans expect traveling parents to provide advance notice, typically at least 30 days, about travel details, including the destination, dates, and contact information.
- When one parent plans to relocate more than 50 miles from the child’s current residence, they must notify the other parent in writing at least 60 days in advance, providing essential details like the new address, moving date, proposed timesharing schedule, and the other parent's right to object within 30 days.
- Failing to secure the required consent or court approval for travel could lead to legal problems, such as charges of parental kidnapping or contempt of court.
- Even for intrastate travel within Florida, parental consent, under the shared custody framework, is often necessary, but the child can travel with a parent or an authorized adult within the state.
- In case parents cannot reconcile on travel or relocation issues, they may need to seek court intervention to modify custody or obtain a court order authorizing travel or relocation.
- Collaborating with a family law attorney can provide clarity on rights, simplify the legal process, and draft formal travel consent letters or agreements that specify travel details and permissions, ensuring a more enjoyable vacation as conflicts are minimized. In addition, if the other parent denies permission for out-of-state travel without reasonable cause, petitioning the court for authorization or working with an attorney to negotiate with the other parent’s legal counsel can help obtain the necessary travel permissions.
