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What to Do If Your Child Is Taken by the Other Parent

Florida’s 2025 Parental Abduction Law Explained and What It Means for Families in Central Florida

Upset parents standing with arms crossed

What Is the New Law About?

The “Parental Abduction Act” creates a new civil cause of action when one parent unlawfully keeps a minor child from the other parent or legal guardian for more than 30 days. If proven, the aggrieved parent can seek either actual damages or $10,000—whichever is greater—plus reasonable attorney’s fees and court costs. The law also allows for punitive damages in certain cases.

Crucially, these cases are intended to be heard by the same family law division already overseeing any related custody matters, aiming to keep the process efficient and consistent. We have seen the family courts encourage one judge, unless impractical. See, Florida Law Family Rules of Procedure.

Why This Matters to Central Florida Families

The well-being of the child should always come first. Unfortunately, situations arise where one parent unlawfully withholds a child, harming both the parent-child relationship and the stability every child needs. 

While, under certain extreme circumstances, like when a child has been actually abused, it is necessary to withhold a minor child from their parent; I see it far too often that parents over react when minor bumps and bruises often associated with school age children appear.

By establishing a clear, civil legal remedy, this law aims to deter wrongful withholding and empower affected parents to seek justice with significant financial consequences. The new law also reaffirms that Florida Courts will protect the sanctity of Parenting Plans and Final Judgments.

Questions the New Law Leaves Unanswered

As with many new laws, the “Parental Abduction Act” raises important questions that Florida courts will need to address:

  • What counts as “unlawful” keeping under family law orders that may have vague or flexible visitation arrangements?
  • How will courts assess damages beyond the $10,000 minimum? What evidence will be required? Can the cost of a damaged relationship with a child be accurately valued?
  • What protection is there for parents who act in emergencies or under legitimate concerns for a child’s safety (like, child abuse)? 

TK Law is closely monitoring how these questions will be answered in practice. Our experience tells us that whenever a law introduces new rights and remedies, having an experienced family law attorney can make all of the difference.

TK Law: Your Advocate in Uncertain Times

At TK Law, we do more than just show up. We stand with our clients every step of the way. Our firm’s mission, “One Firm for Life,” means we are here for you through every stage of your legal journey, including custody enforcement actions like those now available under the Parental Abduction Act.

We believe every individual deserves a compassionate advocate who prioritizes their family’s future. Whether you are facing a complex custody dispute or simply need guidance on your parental rights under Florida law, TK Law is ready to help.

Protect Your Rights and Your Child’s Future

While this new law is not in place as of the date of this article, we invite you to contact TK Law today if you have any questions about your rights as a parent. Let us help you understand your options and stand up for what matters most—your family.

Call TK Law at 407-834-4847 now for a confidential consultation. When it comes to your family, you deserve a Firm that will stand by you.

 

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My wife and I finally took the steps to start the estate planning process as we are not getting any younger and we didn't want to leave a mess for our daughter to have to clean up. We have witnessed this far too many times of the last few years, as relatives have passed away only to watch the circus play out afterward. TK Law provided a wonderful experience from start to finish. Everyone at the office that I had the pleasure of working with was extremely professional and got back to me in a timely manner with any questions that I had. My wife and I really appreciate all the hard work and are very thankful to get all our estate planning needs met. We now have the peace of mind that we have done all that we can to minimize any issues after we pass.
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On August 7, 2020, I was fortunate TK Law Firm was suggested as the first option for Divorce and Family Law. I was blessed to be represented by Ms. Janelise Gastell and TK Law Firm Support Staff. Ms. Gastell has the qualities and standards of integrity, ethics and loyalty. Ms. Gastell's dedication and determination resulted in positive results. Ms. Gastell challenged me to put in the same amount of effort. The end result was the divorce being finalized on September 4, 2020. Four years later, the money spent was an outstanding investment. The financial investment was an integral part of moving forward in my life. This included my well being mentally, physically, emotionally and spiritually. If potential clients are searching for excellent Divorce and Family legal representation. My recommendation would be Attorney Janelise Gastell. Thank You.
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