Custody of the child is determined during a
divorce by establishing which parent's living situation is in the best interest
of the child. Florida uses a concept of time-sharing, where the child
will physically reside with one parent but be provided with ample visitation
with the other parent. These time-sharing and custody agreements often
stipulate exact criteria for vacations or the removal of a child from
Florida law generally allows for a parent to take the child on vacation
when they already have physical custody. For example, if a parent has
a child in the week between Christmas and New Year's Eve, the child
would be able to take a vacation with the parent.
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International Travel Restrictions
Restrictions on international travel are often included in a custody decree
in order to prevent one parent from running away with the child. If criteria
is not met, the parent that removed the child from the country may be
charged with kidnapping. If your former spouse may be a flight risk, a
judge can establish a special protection to restrict moving the child
from the state or country.
In joint custody agreements, one parent is able to oppose decisions the
other parent makes for the child. International travel is included. If
parent wants to take a child abroad and the other parent is objecting,
they must get a court
order. If the parent approves international travel, a notarized Letter of Consent
must be obtained to avoid problems with travel as per federal law.
Obtaining a Passport for a Child Under 16
In order for a child under the age of 16 to obtain a passport, both parents
must provide evidence of their parentage and must be present to apply
for the child's passport. If both parents cannot appear, a letter
of consent can be signed. If a parent has sole custody of the child, documents
must be present to prove custody. A parent can deny a passport by not
appearing or signing consent documents for the other parent.
If a parent removes a child from the country without the consent of the
other, an international child abduction case can be opened with local
police and federal officials. Federal officials will begin taking action
while local police will enter the child's information into a federal
database. A family law attorney should be consulted to help enforce the
custody agreement and make legal moves towards the other parent.
We know that divorce law can be confusing. Our Tampa child custody lawyers
have answers to your
common questions. For further concerns,
contact our team today!