Can I Take My Kids Out of State This Summer? What Florida Parents Need to Know

If you're wondering whether you can take your kids out of state this summer, the answer depends on your Parenting Plan, court orders, and the specifics of your case.

Can I take my child out of state without the other parent's permission?

The answer depends on your Parenting Plan, court orders, and the circumstances of your case.

Vacation Travel Is Usually Allowed

In most Florida family law cases, parents are allowed to travel with their children during their scheduled time-sharing periods.

A summer vacation to another state is generally not considered a legal "relocation" under Florida law. Relocation laws apply when a parent intends to permanently or long-term move a child's residence, not when taking a temporary vacation. Florida's relocation statute applies to moves of more than 50 miles for at least 60 consecutive days. Vacations are specifically excluded. 

Check Your Parenting Plan First

Before booking flights or making reservations, carefully review your Parenting Plan.

Many Parenting Plans contain provisions regarding:

• Out-of-state travel

• Notice requirements

• Vacation schedules

• International travel

• Passport requirements

• Emergency contact information

  
  

Some plans require a parent to provide advance notice before traveling with a child.

Others may require:

• Travel itineraries

• Flight information

• Hotel details

• Emergency contact numbers

  
  

Failing to follow your Parenting Plan could create unnecessary conflict or even legal issues.

Do I Need Permission to Take My Kids Out of State?

For most domestic travel within the United States, Florida law does not automatically require written permission from the other parent.

However, obtaining written confirmation is often a good idea, especially when:

• Communication between parents is difficult

• The trip is lengthy

• Travel plans affect regular time-sharing

• There have been disputes in the past

  
  

Clear communication can help avoid misunderstandings and last-minute disagreements.

International Travel Is Different

If you plan to travel outside the United States, additional requirements may apply.

Depending on your Parenting Plan or court order, you may need:

• The other parent's consent

• A signed passport application

• Court approval

  
  

International travel often raises additional concerns regarding jurisdiction and the child's return to the United States.

What If My Ex Objects?

An objection does not automatically mean you cannot travel. However, if the trip interferes with the other parent's court-ordered time-sharing or violates your Parenting Plan, you may need to resolve the issue before traveling.

When possible, communicate early and provide details about:

• Travel dates

• Locations

• Transportation

• Contact information

The more information you provide, the less likely misunderstandings are to occur.

Most Florida parents can take their children on out-of-state summer vacations without legal problems, provided they follow their Parenting Plan and respect the other parent's time-sharing rights. Before making travel arrangements, review your court orders and consider speaking with an experienced Florida family law attorney if you have questions about your rights and responsibilities.

Patricia Elizee is the Managing Partner of Elizee Law Firm, located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. Founded in 2012, the firm represents clients in both immigration and family law matters and is known for its compassionate, client-focused, and results-driven approach. Ms. Elizee earned her Juris Doctor from the University of Miami School of Law and her Master of Laws (LL.M.) from the University of Washington School of Law.