Know the Laws: Florida
UPDATED October 18, 2007
Below is general information about parental kidnapping. It is not specific to Florida state laws. For specific information, please contact a lawyer who specializes in custody in Florida. You can go to our FL Finding a Lawyer page for free and paid lawyers.
- The other parent wants to take my children out of the state. What can I do?
- I want to take my children out of the state. Can I?
The other parent wants to take my children out of the state. What can I do?
back to topI am afraid the other parent will take our children out of the state. What can I do?
If you are afraid that the other parent will take your children away without your consent, you can ask the judge to issue an emergency custody order, which most states provide. You can ask the judge to include in the order that the other parent cannot take the children out of the state, or that the other parent may only have supervised visitation.
Please see Can I get temporary emergency custody? for more information. You can also go to the Custody section of your state for more information.
back to topIf the other parent takes my children out of state, can s/he be charged with kidnapping?
In some states, the other parent can take your kids out of state temporarily. In other states, if the other parent takes the children out of state without your consent, this may be grounds for parental kidnapping or custodial interference charges. You can talk to a lawyer and/or a prosecutor to find out your options. See our Where to Find Help page for information about resources in your state.
back to topHow can I keep the other parent from taking my children out of the country?
If you are in the middle of a custody case in court, you can ask the judge to seize the child's passport. However, even if the judge does not agree to seize the child's passport, there is still something you can do. The State Department has a program called the Children's Passport Issuance Alert Program. The program is explained as follows:
"The Children’s Passport Issuance Alert Program (CPIAP) is one of the Department’s most important tools for preventing international parental child abduction. The program allows parents to register their U.S. citizen children under the age of 18 in the Department’s Passport Lookout System. If a passport application is submitted for a child who is registered in CPIAP, the Department contacts and alerts the parent or parents. The passport lookout system gives all U.S. passport agencies as well as U.S. embassies and consulates abroad an alert on a child’s name if a parent or guardian registers an objection to passport issuance for his or her child. This procedure provides parents advance warning of possible plans for international travel with the child."
See the State Department's Child Abduction Prevention page for more information.
To enter your child into the program, you will have to complete the Entry Request Form (which can be found here), provide proof of your identity (a photocopy of your driver's license or other ID card), and submit a photocopy of your child's birth certificate or other documentation to show that you are the child's parent or legal guardian.
Mail, fax or email these items to Passport Services, Charleston Passport Center:
U.S. Department of State
Passport Services, Charleston Passport Center
Attn: Children's Passport Issuance Alert Program
1269 Holland Street, Building D
Charleston, SC 29405
E-mail: ChildrensPassports@state.gov
Phone: 843-202-3863
Fax: 843-746-1827
Note: If your child has dual citizenship, then s/he may be able to travel out of the country on the passport of the foreign country. The State Department cannot regulate passports from a different country, so you may want to contact that country's embassy or consulate to ask if they have a similar program. You will find contact information for embassies and consulates at http://www.travel.state.gov under Country Specific Information.