Can I Legally Remove My Child From the State of Florida During Divorce Proceedings in Orlando?

Divorce is a time of constant change, yet life has to go on. Families often have vacations or holiday visits already planned. Children also have places to go: summer camps, athletic meets, college visits. And one or both parents may find better career prospects elsewhere. 

But a divorce can take months to finalize. When and how can a child leave Florida during their parents’ divorce? That will depend on what agreements or court orders the parents have, as well as the reason for traveling—whether it is temporary or a relocation.

Travel During Divorce Proceedings

As a divorcing parent, you need to consult your temporary parenting plan or time-sharing order before planning a trip out of state. The agreement or order is likely to set out rules for travel. While you have parenting time, permission for the trip might be as simple as requesting your ex’s consent or giving them notice. Children traveling alone, as for camps or school trips, may require further permission forms from one or both parents. But your divorce attorney will be able to tell you whether you need the court’s permission as well.

When a parent files for divorce in Florida, they can ask the court to order the other parent not to take their minor child out of the state. The court can also order the parent to turn over the child’s passport or forbid them from applying for one. This kind of order is called a temporary injunction. In some states, courts automatically issue this order when a divorce involves children.

Once the court issues this injunction, the child cannot travel unless the court orders otherwise. You can petition the court to order an exception for your child’s trip, and if your co-parent is willing to consent, the court is likely to agree. Otherwise, the co-parent could contest the petition, wasting time and resources. However, a mediator may be able to help renegotiate the terms and avoid unnecessary conflict over the travel.

In any case, it’s usually best to keep your ex updated on your child’s travel through appropriate communication channels. You do not want to give your spouse any grounds to charge that you undermine their parenting or pose a risk of child abduction. However, if you have any reason to think that sharing information would be unsafe, please talk to your attorney as soon as possible.

Relocation During Divorce

Many divorcing parents fear that their ex could decide to move the children far away, effectively cutting them off, and family courts anticipate this. In Florida, a parent who wants to relocate during or after a divorce must either secure a written agreement or seek a court order. See Fla. Stat. § 61.13001.

An agreement for relocation requires:

• Consent of the other parent and/or any other person entitled to time-sharing with the child
• An access or time-sharing schedule for the other parent and any other time-sharing parties
• Transportation arrangements, as necessary

When a decree or pending case regarding the child’s residence already exists, the court must ratify the parents’ agreement. 

If the parents cannot reach an agreement, the relocating parent must file a petition to relocate. The petition has to include:

• The specific address of the new residence
• “A detailed statement of the specific reasons” for the move
• A written copy of a job offer, if that is a reason for the move
• A proposal for a new access and time-sharing plan, together with any necessary travel arrangements

The other parent will have 20 days after receiving notice to file a response. Unless they object, the court will presume that the move should be allowed (absent some other good reason). If the other parent does file a response, the planned move cannot go forward until the court gives an order permitting it. The court may grant temporary permission to relocate before the hearing on the matter.

When one parent contests the move, the court must determine whether to permit it based on numerous factors set out in the law, including: 

• The “nature, quality, extent of involvement, and duration” of the child’s relationship with their parents, siblings, and other significant people in the child’s life
• The move’s likely impact on the child’s physical, educational, and emotional development (taking any special needs into account)
• The “feasibility of preserving” the child’s relationship with the non-moving parent through substitute arrangements, and whether these arrangements are sufficient for a meaningful relationship
• The child’s preference (considering their age and maturity level)
• Both parents’ economic circumstances, and whether the proposed move is necessary to improve the moving parent’s financial outlook
• Any history of domestic violence or substance abuse

See § 61.13001(7) for the complete list. 

Relocating a child without an agreement or court order can expose a parent to contempt charges—financial penalties or even jail time. The court can also compel the child’s return. Taking the child out of Florida does not mean leaving the court’s jurisdiction over the child. The judge can consider the unauthorized move in any future decisions about the child’s custody. 

Guidance for Your Family in Orlando

In child custody proceedings, daily life can become complicated in dozens of new ways. You need a Florida divorce attorney who can protect your rights, fight for what your child needs, and help you build the right future for your family. Call us today at 407-900-7451 to set up your first appointment.