Fort Lauderdale Child Time-Sharing: Can I Travel With My Child Without The Other Parent’s Permission?
Planning a vacation or an out-of-state trip with your child sounds simple enough. However, if you have a Broward County child time-sharing order in place, it can quickly become a serious legal issue.
Parents are often surprised to learn that their court-approved parenting plan restricts where and when they can travel with their child, regardless of the other parent’s input. Our experienced Fort Lauderdale child custody attorney explains what Florida law requires and what to do before you book that trip.
What Your Fort Lauderdale Parenting Plan Says About Travel
Your parenting plan is a legally binding court order and likely contains specific provisions regarding travel, especially for trips that take your child out of state or out of the country. Under Florida Statutes Section 61.13, Broward County family court judges have broad authority to include travel restrictions in parenting plans to protect each parent’s time-sharing rights and the child’s stability.
If you are thinking of traveling with your child, here is what you need to know:
- Domestic travel during your scheduled time-sharing is generally okay.
- Out-of-state travel may require advance notice or written consent.
- International travel requires written permission from the other parent or a court order.
- Passport applications for minor children require the consent of both parents.
- Taking your child out of state during the other parent’s time-sharing is a serious violation and could result in contempt proceedings in Broward County family court.
To avoid potentially serious ramifications, review your parenting plan carefully before making any travel plans involving your child.
What to Do If Your Co-Parent Refuses to Agree to Travel
If your co-parent is withholding consent for a reasonable trip, you have some legal options. Florida courts recognize that travel can be an important part of a child’s life, and there is a legal process to address unreasonable refusals. Before you act, consider the following:
- Review your parenting plan to determine whether it already grants you permission for certain types of travel.
- Try direct communication to resolve the dispute or a co-parenting app, and document your attempts in case the matter ends up before a Broward County judge.
- File a motion with the family court requesting permission to travel if your co-parent refuses without good reason, as judges can authorize specific trips when it is in the child’s best interests.
- Contact an experienced Fort Lauderdale child custody attorney before taking any action to prevent violations that could affect your custody rights.
The safest approach is always to have the other parent sign a travel agreement before you leave.
Making Travel Plans? Consult Our Experienced Fort Lauderdale Child Custody Attorney
Travel disputes between co-parents can escalate quickly. Whether you need help interpreting your Broward County child custody agreement, obtaining court approval for a trip, or responding to a co-parent who is interfering with your travel plans, contact the Law Office of Sandra Bonfiglio, P.A.
We protect parents in all aspects of child custody and time-sharing. Request a consultation today with an experienced Fort Lauderdale child custody attorney.
Sources:
flsenate.gov/Laws/Statutes/2024/61.13
flsenate.gov/Laws/Statutes/2024/61.45
