State of Florida Custody Laws for Vacations

The court sets the parenting arrangement.

A parent with any level of time-sharing with their child, including custody or visitation, may wish to take their child on a vacation. In Florida, how long the vacation will last and how far you are traveling dictates whether you need to have involvement from the court. Otherwise, the only consideration is maintaining the time-sharing agreement with the other spouse.

Long-Term Vacations

The court needs to be involved if the vacation is planned to be longer than 60 days and more than 50 miles away from home. In this case, you can obtain agreement from the other parent and file with the court a written, signed document indicating the terms you agreed to. If an agreement cannot be reached, you will have to petition the court for permission to take your child on the long-term vacation.

Short-Term Vacation

If your planned vacation is shorter than 60 days, or fewer than 50 miles from your home, you do not have to involve the court. However, you must continue to provide for time-sharing with the other parent as ordered by the court. If you take your child on vacation and break this agreement, the other parent can petition the court for a variety of remedies. For example, the court may order that the time be made up with the other parent, force you to pay attorney fees, force you to attend a parenting course, or even modify the parenting plan.

Best Interest of the Child

Any time the court is involved and issues an order, the court will base its determination on the best interests of the child. If the court has determined that the other parent will have a time-sharing arrangement with you, and you break that arrangement by taking your child on vacation, the court may determine that a different parenting plan would be in the best interest of the child. On the other hand, the court may determine that periodic vacations are in the best interest of the child and modify the parenting plan to allow for them. An attorney can be an asset in presenting these arguments to the court.

References

• Florida Legislature: Support Of Children; Parenting And Time-sharing; Powers Of Court
• Florida Legislature: Parental Relocation With A Child
• WomensLaw: Custody in Florida