Can I Take My Children to Disney World on Days I Have Custody?

Many newly single parents have questions regarding what they can and cannot do on days they have custody of their children. Generally, a custody order will include terms outlining visitation, or you can have a discussion with your child’s other parent. 

Unless your custody order or parenting plan restricts what you can do with your children, you should be able to take them to Disney World without asking your ex-partner. However, if you are traveling across the state or intend to leave Florida, you might need permission from your child’s other parent. It all depends on the terms and conditions the court ordered when it granted custody of your kids.

Who Decides What Terms Are Included in a Parenting Plan in Orlando, FL?

Florida Statute §61.13 states that it is public policy in Florida that children have continuing and frequent contact with their parents. It is presumed that equal time-sharing is in the best interests of the child unless otherwise indicated. Therefore, the courts encourage parents to share the responsibilities and rights of child-rearing.

Parenting plans outline how parents intend to divide parenting responsibilities and how they will share time with their children. The parenting plan includes terms for legal and physical custody.

At a minimum, a parenting plan must include:

  • Details explaining how parents will share the daily responsibilities of caring for their children;
  • A time-sharing schedule explaining when each parent will spend time with the children;
  • Designation of who is responsible for education, health care, and other activities for the children;
  • Technologies and methods used by the parents and children to remain in contact with each other; and,
  • A Uniform Child Custody Jurisdiction and Enforcement Act form.

Parents can decide the terms of the parenting plan, but the court retains jurisdiction. The courts strongly encourage mediation and parent facilitation to work out the agreement. However, a judge can change the terms the parents agree upon if they are not in the children’s best interests.

A parenting plan may restrict travel to a specific distance without notifying the other parent. It could also include restrictions on what a parent can do with the children without permission from the other parent. Because parties can negotiate the terms of a parenting plan, they can include restrictions and other specific terms that they believe are in their children’s best interests.

How Do Judges Decide Child Custody Matters in Florida?

When parents cannot agree to the terms of a parenting plan, a judge decides for them. The judge may grant joint custody or sole custody based on the evidence presented in court. Joint custody allows both parents to make decisions for their children, while sole custody gives one parent complete control over major decisions.

Florida courts decide child custody matters based on the best interests of the child. Florida law outlines the factors judges should consider when determining a child’s best interest. 

Those factors include, but are not limited to:

  • Each parent’s willingness and capacity to encourage and facilitate a close parent-child relationship between the child and the other parent
  • The ability of each parent to act on the child’s needs instead of their own
  • The moral fitness, mental health, and physical health of each parent
  • The proposed division of parental responsibilities and the extent to which those responsibilities will be delegated to a third party
  • The geographic viability of the proposed parenting plan
  • The reasonable preferences of a child for custody if they are able to express a preference
  • The length of time a child has lived in a stable home environment and the desire to maintain that stability
  • The child’s record and involvement in school, within the community, and at home
  • Evidence of child neglect, abandonment, sexual violence, child abuse, and domestic violence
  • The child’s developmental needs and a parent’s ability to meet those needs

Judges can consider all factors they deem relevant to determining a child’s best interest. That includes evidence indicating that a parent’s ability to travel with their children or engage in specific activities should be limited or restricted.

Who Can Help Me If I Need to Seek Permission to Travel to Disney World With My Child?

If your custody plan requires you to obtain approval for travel or you want to travel outside of Florida, you may need to petition the court. An Orlando child custody lawyer can help you seek a court order allowing you to travel with your children.

Call our Orlando family law attorneys if you have questions about child custody or other divorce-related matters.

Contact Our Child Custody Law Firm in Orlando, FL

Contact the experienced Orlando child custody lawyers at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803