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  • Writer's pictureMax Factor

What Happens If I Take My Child Out-Of-State After My Divorce?

Updated: Dec 14, 2023

Both parents usually have visitation rights following divorce or separation in Florida. Taking your child out of state without the permission of the other parent can result in a kidnapping charge. The situation may be different if you plan to move out of state or simply are going on vacation.

According to Legal Beagle, the terms of your divorce agreement determine whether or not you require the other parent’s permission to take your child out of state. Short periods of time are generally acceptable unless there is a written order or agreement indicating otherwise. However, if there is a court order or agreement with stipulations on your child’s location, you need to get the other parent’s consent. Obtaining permission prior to travel can help you stay in compliance with your court agreement.

woman driving behind the wheel

One thing to keep in mind when considering a vacation or visit outside of the state is the feelings of the other parent. While it may be fine for you to go on a two-week vacation to Washington State, not letting the other parent in on the plans could have you back in court to change or alter the custodial agreement. Taking the time to discuss your plans with the other spouse can help smooth over potential hurt feelings.

Check with the court agreement before making travel plans in case you need time to get consent from the other parent. Since not all parental agreements are the same, this information is intended only to educate and should not be taken as legal advice.

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