How to Prevent a Parent from Taking a Child on an Out of State Vacation

[Adklein12]

My question involves a child custody case from the State of: Florida

My separated husband has expressed taking my 7 month old out of state to see family, problem is he's too young & my husband is unable to take care of him at home let alone on a plane or different state. No case has been opened or filled. What can I do to prevent him from taking my son? File a child support case? A divorce case? Fill out a form? Any direction helps.

[adjusterjack]

You'll need to go to court to stop him.

You'll need a lawyer.

[OKisNotOK]

If the child was born during the marriage, he is your husband's child too, and your husband has as much right to parent your shared child as you do.

You need an attorney as you do not understand the situation if you believe you can prevent the father of the child from having access to him until you have court orders otherwise.

You need to have a reality check.

[jumanji]

my husband is unable to take care of him at home let alone on a plane or different state.

What makes him unable to care for the child? Or is it simply that he does things differently? Most couples find that they don't do things alike. And I've found that a lot of Moms (myself included, tbh) consider that to mean Dad can't - because he's not doing it "right"...

[pg1067]

My separated husband has expressed taking my 7 month old out of state to see family, problem is he's too young

Too young? While you didn't say whether this "out of state vacation" involves driving or flying, there is no age at which a child is "too young" for interstate travel (unless there is something unique to the child, but age itself doesn't matter).

No case has been opened or filled. What can I do to prevent him from taking my son?

I can't speak with certainty about Florida law, but it is typically the case that the filing and service of a divorce petition/complaint will result in an automatic restraining order against either parent removing the minor children of the marriage from the state without the other parent's written consent or a court order.

Consult with a local divorce attorney.

[Dogmatique]

Too young? While you didn't say whether this "out of state vacation" involves driving or flying, there is no age at which a child is "too young" for interstate travel (unless there is something unique to the child, but age itself doesn't matter).



I can't speak with certainty about Florida law, but it is typically the case that the filing and service of a divorce petition/complaint will result in an automatic restraining order against either parent removing the minor children of the marriage from the state without the other parent's written consent or a court order.

Consult with a local divorce attorney.

Such an RO typically extends only to relocating out of state, not taking the child on vacation.

[pg1067]

Such an RO typically extends only to relocating out of state, not taking the child on vacation.

In California, for example, the automatic restraining order prohibits "removing the minor children of the parties from the state or applying for a new or replacement passport for those minor children without the prior written consent of the other party or an order of the court."

While I can't say that there's no state that puts into effect a restraining order that says, "relocating out of state is a no-no, but out-of-state vacations are ok (wink-wink)," I would hope that no state is so short-sighted as to to something so dumb. "No, no, no, we're not moving; just going on vacation...."