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Can my ex stop me from taking my child on vacation?

On Behalf of | Jan 20, 2023 | Child Custody

Raising a child is a rewarding experience, and many Florida parents want to create special memories with their child. Going on vacation together is a great way to do this.

However, taking your child on vacation can become complicated if you are sharing custody with a former partner or spouse.

No, if your custody order gives you vacation time

If you have a custody order in place through a Florida court, that order should give each of you extra blocks of custody time with your child at certain times during the year.

You can take your child on vacation during this time. Your only requirement is to return the child to the other parent by the time their next custody period starts.

Therefore, your ex cannot stop you from taking your child on vacation if you are doing it on your own custody time.

Discuss the situation with your ex

It is still a good idea to talk with your ex and find out their reasons for not wanting you to go on the vacation. Do not assume they are refusing just to be difficult or damage your relationship with your child.

For example, they could have legitimate safety concerns about the area you are traveling to, or your child might have some important appointments during that time that they should not miss.

Don’t leave your ex in the dark

Even if your ex is fine with you taking the child on vacation, you should still communicate with them about your specific plans. Tell them where you will be going, when you are leaving and when you expect to return.

Your custody order may not require you to do that, but it is still a good idea. It is the polite and respectful thing to do, and you would likely want your ex to do the same if they were taking your child out of town.

Understanding what you can and cannot do per the terms of your custody order can get confusing. Family law attorneys can answer your questions and help you assert your legal rights when it comes to time with your child.