Traveling and relocation can be complex issues after getting divorced and dealing with custody problems. A parent will generally need specific authorization from a judge before leaving their immediate home area, traveling out of the state, or making international travel plans. This is because a child’s time is subject to a kind of “division,” just like all other aspects of a person’s life during divorce.
It is important to visit sites like ASGLegal.com and obtain some basic information about divorces with the guidance of a legal professional. They can give you specific answers before custody and travel issues become life changing decisions.
While a divorce is in progress or pending, travel is severely restricted. This mostly done because the courts do not want to waste time with having to reschedule hearings or track down a parent or child while these issues are being evaluated and decided. It is best to wait until parenting agreements or other documents are finalized before trying to move or travel in order to avoid additional problems.
As a general rule, family court judges want to stay away from authorizing any kind of disruptions to a child’s life even after the divorce proceedings are completed. Some common reasons why a judge will usually approve or encourage travel and relocation include moving closer to the rest of the family, or a situation that will result in a better standard of living, such as movement to take a higher paying job. However, for most vacations and general travel plans, bringing a child who is subject to a shared parenting plan becomes much more of an issue. Even what seems like a short and harmless vacation will probably conflict with a parenting plan that is already in place and legally binding.
Local and international laws
In the state of Florida, there is no concrete rule about leaving the state. Both parents should address this issue early with the court in their parenting plan agreement, as judges will usually look at the language of the agreement to make rulings regarding out of state travel rather than statutory law. A permanent move out of the state is a different situation, and the judge will decide whether this should be allowed using the best interests of the child standard.
Certain travel plans that include long distances or going to countries that are considered dangerous or a flight risk may be prohibited altogether. If a child is abducted or experiences any other misfortune during international travel, there are a number of other more complex legal issues that have to be addressed. International laws that regulate child abduction such as the Hague Convention will apply rather than your local laws, and sometimes American courts are powerless to intervene on your behalf. This is why international travel is discouraged out of safety concerns.
Get local help in North Florida
For more information about divorces in the Fort Walton Beach area, contact ASG Legal. Local family law attorneys are available to discuss issues regarding travel, moving, or anything else that may become a problem during a divorce proceeding.