Thanksgiving is one of the busiest travel weekends of the year. For separated and divorced parents, it also brings a stressful question: can you take your children out of state for the holiday? Maybe your extended family gathers in Georgia every November. Maybe your parents live in Ohio and have not seen their grandchildren since summer. Whatever the reason, crossing state lines with your kids during a holiday involves more than booking a flight out of Tampa International Airport.
The answer depends on three things. First, what your parenting plan says. Second, whether any other court orders apply to your case. Third, whether the trip falls within your scheduled time-sharing. Florida law gives parents a fair amount of freedom to travel during their own time with the children. However, that freedom has limits, and misunderstanding them can lead to contempt motions, lost time-sharing, and a damaged co-parenting relationship.
A Tampa divorce lawyer typically sees a rise in these questions in early November, when parents compare their holiday plans to the actual language in their court documents. With Thanksgiving 2026 falling on Thursday, November 26, there is still time to review your obligations, communicate with the other parent, and resolve any disagreement before the holiday arrives.
Why Your Parenting Plan Is the First Place to Look
Florida no longer uses the terms “custody” and “visitation” in most family cases. Instead, Chapter 61 of the Florida Statutes refers to parental responsibility and time-sharing. When parents of minor children divorce, the court must approve a parenting plan that sets out how the parents will share time and make decisions for their children.
That parenting plan is the most important document for answering any holiday travel question. It is a court order, not a suggestion. Both parents are expected to follow it, even when they disagree with it.
When reviewing your plan before Thanksgiving, look for the following details:
- Who has the children this year. Many plans alternate Thanksgiving between parents in even and odd years. Others split the holiday, with one parent keeping the children Wednesday through Friday and the other taking the rest of the weekend.
- When the holiday period begins and ends. Some plans define Thanksgiving as starting when school lets out on Wednesday and ending Sunday evening. Others use specific pickup and drop-off times.
- Whether the holiday schedule overrides the regular schedule. In most plans, holiday time takes priority over the normal weekly rotation.
- Travel provisions. Many plans address out-of-state travel directly. They may require advance written notice, a detailed itinerary, or the other parent’s consent for certain trips.
- Transportation and exchanges. Your plan may state who is responsible for picking up and returning the children, and where exchanges take place.
Parenting plans based on the Florida Supreme Court approved family law forms often include a section on travel with the children. A Tampa family law attorney can help you interpret that section if the wording is unclear or if the parents read it differently. Small details, like whether notice must be given in writing or how many days in advance, can make a big difference if a dispute ends up in front of a judge.
Is a Thanksgiving Trip Considered Relocation Under Florida Law?
Many parents worry that taking the children out of state will be treated as a relocation. In most cases, it will not.
Florida’s relocation statute, section 61.13001, defines relocation as a change in a parent’s principal residence of at least 50 miles from where that parent lived when the last time-sharing order was entered. The move must also last at least 60 consecutive days. Importantly, the statute specifically excludes temporary absences for vacation, education, or health care.
A Thanksgiving trip to visit family in another state is a classic example of a temporary absence for vacation. As long as you return the children on time and resume the normal schedule, the relocation rules generally do not apply.
That said, there are situations where a holiday trip raises relocation concerns:
- A parent uses the holiday as cover for a permanent move.
- A parent enrolls the children in a school in another state during the trip.
- A parent extends the “visit” for weeks or months without agreement.
If a parent relocates without the other parent’s written agreement or a court order, Florida law allows the court to consider that conduct when deciding time-sharing and other issues. It can also lead to an order requiring the children to be returned. A Tampa divorce lawyer can explain the difference between a lawful holiday trip and a move that requires court approval, especially if you are considering a longer stay with family out of state.
What If Your Parenting Plan Does Not Mention Out-of-State Travel?
Some parenting plans say very little about travel. This is especially common in older plans or in agreements the parents drafted quickly to finish their case.
When a plan is silent, the general rule is that each parent may travel with the children during his or her own scheduled time-sharing. You do not usually need the other parent’s permission to take the kids to see relatives in another state, as long as you return them on time and do not interfere with the other parent’s schedule.
However, silence in the plan does not mean anything goes. Keep these points in mind:
- Shared parental responsibility still applies. Most Florida parents share parental responsibility, which means they must confer on major decisions about the children. A routine holiday trip is usually not considered a major decision. Still, communicating about the trip reflects the cooperation courts expect.
- The other parent’s time is protected. If your trip would cut into the other parent’s scheduled time, even by a few hours, you need that parent’s agreement.
- Judges look at the bigger picture. When deciding future disputes, Florida courts consider whether each parent honors the time-sharing schedule and supports the child’s relationship with the other parent.
Vague language creates its own problems. Phrases like “reasonable notice” or “appropriate travel” can mean very different things to two parents who do not get along. If your plan uses language like this, a divorce attorney in Tampa can help you understand how a court would likely interpret it and whether clarifying the plan makes sense for future holidays.
How Much Notice Should You Give Before Leaving the State?
If your parenting plan sets a notice deadline, follow it exactly. Many plans require written notice a set number of days before an out-of-state trip. Missing that deadline, even by a day, can give the other parent grounds to object.
If your plan does not set a deadline, giving notice is still a smart move. Sharing travel details early reduces conflict and shows a judge that you acted in good faith. As a practical matter, two to three weeks before Thanksgiving is a reasonable window for most trips.
A complete travel itinerary usually includes:
- Departure and return dates and times
- The destination address where the children will stay
- Flight numbers or driving route, if relevant
- A phone number where the children can be reached
- The names of other adults traveling with the children
- The plan for returning the children at the scheduled exchange
Put this information in writing. A text message or email works, but many Hillsborough County parents use co-parenting apps such as OurFamilyWizard or TalkingParents. Some parenting plans and court orders require these apps. They create a time-stamped record that can be useful if a dispute arises later.
Written communication also helps when plans change. Flights get delayed, and weather can disrupt travel during the holiday rush. Letting the other parent know about delays as soon as possible protects you from accusations that you withheld the children on purpose. A Tampa divorce lawyer will often advise clients to communicate as though a judge may one day read every message, because in some cases a judge will.
What Can You Do If the Other Parent Objects to the Trip?
An objection from the other parent does not automatically stop a trip. The outcome depends on what your parenting plan allows.
If the trip falls entirely within your holiday time and your plan does not require consent, the other parent’s disapproval alone generally does not prevent you from going. On the other hand, if your plan requires the other parent’s consent for out-of-state travel, you need that consent or a court order before you leave.
When the parents cannot agree, there are several ways to resolve the issue.
Negotiate a Compromise
Many travel disputes come down to the other parent feeling shut out. Offering a few reasonable accommodations can solve the problem quickly. For example, you might schedule a video call on Thanksgiving Day, agree to an earlier return time, or offer make-up time on another weekend. Put any agreement in writing.
Try Mediation
Mediation gives both parents a structured setting to work out a solution with the help of a neutral mediator. Family courts in the Thirteenth Judicial Circuit, which covers Hillsborough County, often expect parents to attempt mediation before a judge hears a contested issue. Mediation can move quickly, and it keeps the decision in the parents’ hands.
Ask the Court to Decide
If negotiation and mediation fail, either parent can file a motion asking the court to resolve the dispute. Keep in mind that family courts reserve emergency hearings for true emergencies, such as a risk of harm to a child. A routine disagreement about holiday travel rarely qualifies. Because court calendars fill up, waiting until the week before Thanksgiving may leave too little time for a hearing.
The same options apply if you are the parent with concerns. If the other parent plans to take the children out of state and you have specific worries, such as a history of late returns or a real risk the children will not come back, a Hillsborough County family law attorney can help you seek appropriate protections from the court.
Can You Travel With Your Children While Your Divorce Is Still Pending?
Holiday travel gets more complicated when a divorce case is still open. Without a final parenting plan, many parents are unsure what rules apply.
If the court has entered a temporary order on time-sharing, that order controls. Follow its terms just as you would a final parenting plan. If no temporary order exists, both parents generally have equal rights to the children. In theory, either parent could travel with the kids. In practice, doing so without the other parent’s agreement can create serious problems.
Here is why. When a Florida judge creates a final parenting plan, the court weighs a long list of factors under section 61.13. Several of those factors focus on each parent’s willingness to:
- Facilitate and encourage a close relationship between the child and the other parent
- Honor the time-sharing schedule
- Be reasonable when changes are needed
- Communicate with the other parent about the child
Taking the children out of state over the other parent’s objection while the case is pending can look like an attempt to gain an advantage. Even if the trip is technically allowed, it may become evidence in your case.
The better approach is to reach a written agreement for the holiday, or ask the court for a temporary order that covers it. A Tampa divorce lawyer handling your case can often negotiate a holiday arrangement with the other side’s attorney well before Thanksgiving. That written agreement protects both parents and gives the children a predictable holiday.
What Are the Risks of Taking Your Children Out of State Without Permission?
Violating a parenting plan, even for a single holiday, can have consequences that last long after the turkey is gone. Florida courts take time-sharing violations seriously.
Under section 61.13, when a parent refuses to honor the time-sharing schedule without proper cause, the court has several tools available. A judge may:
- Award the other parent make-up time-sharing
- Order the violating parent to pay the other parent’s attorney’s fees and court costs
- Require the violating parent to attend a parenting course
- Order the parent to perform community service
- Require a bond to secure future compliance
- Modify the parenting plan if doing so is in the child’s best interests
A parent who willfully disobeys a court order may also face contempt proceedings. Beyond the formal penalties, there is the issue of credibility. A judge who sees that a parent ignored the parenting plan once may question that parent’s reliability in future disputes about schedules, school, or relocation.
In more serious situations, such as keeping a child past the scheduled return or concealing where a child is, Florida’s criminal interference with custody statute may come into play. These cases are fact-specific, and the statute contains defenses, but the possibility alone is a strong reason to stay within the terms of your order.
Crossing state lines does not let a parent escape a Florida order. Under the Uniform Child Custody Jurisdiction and Enforcement Act, which nearly every state has adopted, Florida courts generally keep jurisdiction over a child whose home state is Florida. Courts in other states will typically enforce a valid Florida parenting plan. A Tampa child custody attorney can move quickly to enforce an order if a child is not returned after the holiday.
Practical Tips for a Smooth Out-of-State Thanksgiving Trip
A little planning can prevent most holiday travel disputes. These steps help protect your time-sharing and keep the focus on your children.
- Read your parenting plan now. Do not wait until the week of Thanksgiving. Confirm whose year it is, the exact start and end times, and any travel or notice rules.
- Confirm the schedule in writing. Send the other parent a short, polite message confirming the holiday dates and exchange times. Clear expectations reduce last-minute arguments.
- Share a full itinerary. Include where the children will stay, how you are traveling, and how to reach them.
- Build in a buffer for delays. Thanksgiving weekend is one of the busiest travel periods of the year. Book a return flight or plan a drive that gets the children back with time to spare. Traffic on I-275 and I-4 can be heavy on the Sunday after the holiday.
- Keep the children connected. Schedule a phone or video call with the other parent. This simple gesture shows good faith and helps the children feel secure.
- Pack important documents. Bring a copy of your parenting plan, the children’s health insurance cards, and any identification your airline requires.
- Keep adult conflict away from the children. Do not discuss the dispute with the kids or ask them to pass messages. Courts consider this behavior when evaluating a parent’s judgment.
- Respond calmly to pushback. If the other parent sends angry messages, keep your replies short, factual, and respectful.
These steps will not resolve every disagreement, but they create a record that you acted reasonably. If a dispute does reach a courtroom, that record can matter a great deal.
Should You Update Your Parenting Plan Before Future Holidays?
If Thanksgiving travel causes conflict every year, your parenting plan may need an update. Unclear holiday language tends to produce the same argument again and again.
There are two main ways to change a Florida parenting plan.
By agreement. If both parents agree on new terms, they can sign a written agreement and submit it to the court for approval. Once the judge approves it, the modified plan becomes the new court order. This path is usually faster and less expensive than litigation.
By court order. If the parents cannot agree, the parent seeking a change must file a petition to modify. Generally, that parent must show a substantial and material change in circumstances since the last order, and that the proposed change is in the children’s best interests.
When updating holiday provisions, consider adding clear language on:
- The exact start and end times for Thanksgiving time-sharing
- Whether out-of-state travel is allowed during holiday time
- How many days of written notice are required before travel
- What information the itinerary must include
- Who pays for travel and who handles transportation to exchanges
- How make-up time works if travel delays cause a late return
Specific language leaves less room for disagreement. An experienced Tampa divorce lawyer can draft holiday terms that fit your family’s travel patterns while protecting your time with your children.
When Should You Talk to a Tampa Divorce Lawyer About Holiday Travel?
Many holiday travel questions can be settled with a careful read of the parenting plan and a respectful conversation. Other situations call for legal guidance, ideally well before Thanksgiving week.
Consider speaking with a Tampa divorce lawyer if:
- Your parenting plan is unclear about holiday travel or notice requirements
- The other parent is refusing a trip that you believe your plan allows
- The other parent has threatened to keep the children out of state
- You are worried your children will not be returned after the holiday
- Your divorce is still pending and there is no temporary order covering Thanksgiving
- A holiday trip may be the first step toward a longer move
- Your plan keeps causing the same conflict and needs to be modified
Timing matters. Family court calendars in Hillsborough County can be busy, and the weeks before a holiday are no exception. Getting advice early gives you more options, whether that means negotiating an agreement, scheduling mediation, or asking the court for help.
An experienced family law attorney in Tampa can review your parenting plan, explain your rights under Florida law, and help you choose the approach most likely to protect your relationship with your children. The goal is not only a smooth Thanksgiving this year, but a workable arrangement for every holiday that follows.
Frequently Asked Questions
Do I need the other parent’s permission to take my child out of Florida for Thanksgiving?
It depends on your parenting plan. If the trip falls within your scheduled holiday time and your plan does not require consent for out-of-state travel, you generally do not need permission. If your plan requires consent or the trip cuts into the other parent’s time, you need written agreement or a court order first.
How far in advance should I tell my co-parent about holiday travel?
Follow any notice deadline in your parenting plan exactly. If your plan is silent, giving written notice two to three weeks before the trip is a reasonable practice. Early notice reduces conflict and shows good faith if a dispute later reaches a judge.
Is a Thanksgiving trip considered relocation in Florida?
No, not in most cases. Florida’s relocation statute applies to moves of at least 50 miles that last at least 60 consecutive days, and it specifically excludes temporary absences for vacation. A holiday visit with a timely return generally does not qualify as relocation.
What should I do if my ex does not return our children after Thanksgiving?
Document the missed exchange and your attempts to communicate. Then contact a Tampa divorce lawyer promptly about filing a motion to enforce the parenting plan. In urgent situations, the court can issue orders directing the children’s return, and courts in other states will generally enforce a valid Florida order.
Do children need ID or a consent letter to fly domestically with one parent?
The TSA does not require children under 18 to show identification when traveling with an adult on domestic flights. Airlines may have their own rules, so check with your carrier before you fly. A consent letter is not generally required for domestic travel, but your parenting plan still controls whether the trip is allowed.
Can a lawyer help if my divorce was finalized years ago?
Yes. Parenting plans remain enforceable long after a divorce is final, and they can be modified when circumstances change. A Tampa divorce lawyer can help you enforce your current plan, resolve a travel dispute, or update outdated holiday provisions.
Written by Damien McKinney, Founding Partner
Damien McKinney is the Founding Partner of The McKinney Law Group Family & Divorce Lawyers, bringing nearly two decades of experience to complex marital and family law matters. He is licensed in both Florida and North Carolina and has been repeatedly recognized as a Rising Star by Super Lawyers.