Do I Have a Right to Know Where My Child is During Vacation?

As the world becomes increasingly interconnected, families have greater opportunities to expand their horizons by traveling to different states or countries. However, this can add complications in shared custody situations. Naturally, everyone involved should want to strike a delicate balance between granting each parent an autonomous relationship with their child and avoiding potential problems.

With this in mind, you may find yourself asking “do I have the right to know where my child is during vacation?” Unfortunately, there are no simple answers. There are a range of considerations and variable factors involved. This is why it can be so important to consult your Florida custody attorney if you have any questions about your rights and responsibilities related to your relationship to your child. 

That said, it’s important to take the time to review what the legal position in Florida is and what the most sensible and mutually advantageous actions you can take are.

Why Would You Need to Know Where Your Child is On Vacation?

Custody can be a delicate matter. Certainly, each parent should be able to independently build their relationship with their child with minimal interference from the other without good reason. This includes forging enriching personal experiences, such as vacations. So, before we delve into your rights as a parent, let’s look at what could be the reasons to have some idea of where your child is.

Perhaps the primary reason for knowing your child’s location during a vacation is crucial is to protect them from potential risks and dangers. There can certainly be hazards involved with unfamiliar surroundings and your child may find themselves exposed to accidents. Naturally, you’ll want to know where they are to safeguard their well-being. Having an opportunity to do a little research on the destination and types of activities can give you space to raise any reasonable concerns you have so that you and your ex can discuss them. Not to mention that having knowledge of a location can enable you to more easily reach them if needed in an emergency situation.

Another important reason to know your child’s location is simple emotional reassurance. If you don’t know at least generally where your child is, this can be the cause of emotional turmoil and additional stress. At the very least, each parent should consider the fact that communicating about the child’s whereabouts can ease the potential anxiety the other experiences.

While it’s relatively rare, you may also have concerns regarding continued shared custody. If your ex has broken custody agreements in the past, engaged in sneaky tactics, or even gone so far as to threaten to move your child out-of-state, you may naturally be cautious regarding their travel plans. Having some information about your child’s whereabouts may help you to feel more secure surrounding your ex’s actions.

The Rights and Legal Considerations in Florida 

There are various reasons you might reasonably expect to know your child’s whereabouts. However, this is very different from confirming that you have the right to know where your child is during vacation, from a legal standpoint. This is a more complex matter.

Firstly, there is no standard legislation that directly states that your ex must inform you of your child’s location when on vacation. This is because there are so many factors that can influence the custody arrangements of different families, and these might clash with such a blanket ruling. You’ll usually find that the requirements regarding information and contact are enshrined in your specific custody arrangements or the outcomes of subsequent legal disputes and or court orders. 

Therefore, you’ll need to review the terms of your shared custody agreement for insights here. In the majority of cases, the courts will have included a section that specifically related to out-of-state travel. Usually, there’s no limitations on movements within the state, as the risks here are relatively minimal. However, the custody agreement should clearly state what the procedure is for going further afield. 

In some instances, this may be simply providing you with the details of the location of travel and emergency arrangements. The terms of the agreement may also require your child to contact you by phone or video call a set number of times per week, which can enable you to have discussions about their location. There can also be some plans that require written consent from the co-parent for out-of-state or international travel. Your agreement is also likely to outline restrictions and procedures for permanently moving out-of-state, too.

However, the terms of custody agreements are usually where your rights begin and end. If you wish to make further arrangements, this is usually between you and your former spouse. Though, in some circumstances, you may be able to work with your attorney to revisit custody agreements if they are insufficient or put your child in genuine danger.

Prioritizing Communication and Collaboration

Given that your legal rights may be fairly limited in this area, often the best approach is to work with your ex on actions that are best for your child. Even if there’s still some animosity between the pair of you, your child must still come first. This means you should both seek to collaborate and communicate effectively. By establishing clear lines of communication and processes for contact, you can stay informed about your child's location while also respecting their independent relationship with your ex. This can also be valuable for building trust between you and your former spouse, empowering you both to be more effective parents.

Firstly, have an open and comprehensive discussion with your former spouse at the earliest opportunity. Avoid coming from an accusatory position, or suggesting that they’re likely to put your child in danger. Rather, talk about what you feel is best for everyone involved. Show that you respect their independent relationship with your shared child and a willingness to work together. Outline your own concerns while also listening to their position. From here you may be able to find common ground to make solid arrangements.

Start with mutually agreeing on boundaries. This may involve you getting information on the general geographical location of your child, without obtaining specific details of daily activities. You can then move on to establishing an emergency contact protocol that is practical for you both.

You might also discuss arrangements for your child contacting you every few days while they’re away on vacation. This is particularly important if they’re going to be absent during your designated custody days. Establish the most convenient method of communication — whether by video call, phone, or even email — and the times this should occur. As a result, you can plan calls around their activities while also giving you a chance to chat with your child about their vacation.

However, it’s vital that these arrangements don’t breach the reasonable expectation to privacy your child and their other parent has. In addition, you should also be willing to adopt the same or similar communication and collaboration processes when you take your child on vacation. The more you can work together, the better the outcomes are likely to be.

Handling Your Concerns

Making communication and collaboration arrangements are, of course, the best case scenario. Unfortunately, not all divorces and custody situations support a positive dialogue between exes. You may find your former spouse is not open to making additional arrangements. In this instance, your best course of action is to gain a good awareness of the terms of your custody agreement and perhaps reiterate to your ex what requirements there are in relation to regular contact.

If you have genuine concerns regarding your child’s safety or the behavior of your ex, it’s important to discuss these with your family law attorney. If the situation arises that your former spouse breaches the terms of your custody agreement while on vacation, an experienced Florida family law attorney will be able to initiate the legal processes necessary to resolve the matter. In less-serious cases, this could involve sending a reminder of their obligations under the custody agreement and the consequences of not following it. In the event of more serious breaches, your attorney may file a petition for a judge to consider a range of enforcement measures in the  future.

Call The Family Law Attorneys Men Trust (813) 415-3510

In Law We Trust Divorce and Family Lawyers is a premier firm of divorce lawyers representing men in family law proceedings. We have years of experience representing men who are navigating difficult custody situations and enabling them to maintain positive relationships with their children. Our team’s experience and skills help to guide our clients through the challenges of the Florida family law courts. Call us today and get the proper representation men need and deserve.