Divorce changes many parts of your life, including how and when you can travel, especially if you have children. For parents in Florida, taking trips during or after divorce is not always as simple as booking a flight or packing the car. Parenting plans, custody agreements, and court orders can all affect your ability to travel.
Knowing the rules before making plans can save you stress and prevent legal complications.
Travel Within Florida
When both parents live in Florida, most parenting plans allow travel within the state. However, it is important to follow the time-sharing schedule. For example, if you plan to take your child to visit family in another city, you usually need to make sure it does not interfere with the other parent’s scheduled time.
Good communication with your co-parent helps avoid misunderstandings. Courts in Florida encourage cooperation, and showing respect for the schedule can build trust.
Out-of-State Travel
Traveling outside Florida often requires more planning. If you share custody, the parenting plan may include specific rules about out-of-state trips. Some agreements require:
- Advance notice to the other parent, often in writing
- Details of travel dates, destinations, and contact information
- Written permission from the other parent before leaving the state
If parents disagree, the court may step in to decide whether the trip is in the child’s best interest.
International Travel
International trips are more complex. Florida law requires that a child’s passport cannot be issued without the consent of both parents unless a court order says otherwise. If you already have a passport for your child, some parenting plans still require the other parent’s approval before traveling abroad.
Courts take these restrictions seriously because international travel involves risks if one parent does not plan to return the child. In contested cases, judges may limit or deny international travel to protect the child’s safety.
When Travel Restrictions Apply to Adults
Travel restrictions are not limited to children. In some divorce cases, financial obligations such as unpaid child support or alimony can lead to restrictions on a parent’s own travel. For example, if someone owes significant child support, they may be denied a passport until the debt is resolved.
Protecting Your Rights and Avoiding Problems
If you are unsure about your right to travel during divorce, do not assume. Always review your parenting plan or court order. When in doubt, get written permission from the other parent or speak with your attorney before making travel plans.
Breaking the rules, even unintentionally, can lead to serious consequences, including being held in contempt of court.
Why Choosing the Right Firm Makes a Difference
Travel restrictions during divorce can feel frustrating, especially when you just want to create good memories with your children. Having an attorney who understands Florida law can help you navigate these rules, request modifications if needed, and protect your parenting rights.
At the Law Offices of E.F. Robinson, we have vast experience helping parents handle custody and travel concerns during divorce. Our lead attorney, Veronica Robinson, Esq., has 30 years of experience in family law. She has guided parents through both simple and complex cases, making sure travel plans are legal, safe, and respectful of court orders.
Travel is an important part of life, whether it is for family visits, vacations, or special occasions. Divorce may place limits on how and when you can travel, but with planning and the right legal guidance, you can avoid problems and focus on making meaningful memories.
This article is for general informational purposes only. If you need advice about your specific circumstances, consult with a qualified family law attorney in Florida.
