Is It Illegal to Track Your Child During Divorce or Separation in Florida?

Florida law, consent rules, felony penalties, and custody consequences parents must understand

Divorce and separation can trigger real safety concerns, especially when children move between homes. Some parents respond by placing an AirTag in a backpack, enabling location sharing on a phone, or installing a tracking app on a device “for the child’s safety.” In Florida, that choice can create serious legal risk if the tracking is used without valid consent or if it effectively becomes surveillance of the other parent.

Florida Statute § 934.425 restricts installing, placing, or using a tracking device or tracking application to determine the location or movement of a person or that person’s property without consent. The statute is written broadly enough to cover common consumer tracking tools, not just “spy” equipment. See: F.S. 934.425.

What Florida considers a “tracking device” or “tracking application”

Under F.S. 934.425, the definition includes both hardware and software:

Tracking device: a device whose primary purpose is to reveal location or movement through the transmission of electronic signals.
Tracking application: software whose primary purpose is to reveal location or movement.

That can include GPS trackers, Bluetooth trackers (including AirTag-type devices), phone-based tracking apps, and similar tools, depending on how they are used and whether consent exists. See: Florida Senate version of § 934.425.

What the law prohibits during separation and divorce

Florida’s tracking law prohibits two core behaviors when done without consent:

Installing or placing a tracking device/application on another person’s property without consent.
Using a tracking device/application to determine the location or movement of another person or another person’s property without consent.

Source: F.S. 934.425.

In a divorce context, the “property” issue is often where parents get into trouble. A child’s phone, backpack, or smartwatch may be associated with the child, but tracking through those items can also reveal the other parent’s location, routines, and private life. If the tracking is being used to monitor the co-parent’s movements rather than a legitimate child-safety purpose, it can be argued as unauthorized location monitoring under Florida law.

Consent can be presumed revoked when divorce starts

This is one of the most important points for divorcing or separating spouses. Florida’s statute provides for a presumption of revoked consent in certain circumstances tied to family-law proceedings, including when a petition for dissolution of marriage is filed. In practical terms, tracking that may have been tolerated during marriage can become legally risky once divorce begins.

Source: F.S. 934.425 (Florida Senate).

Can a parent legally track a minor child in Florida?

F.S. 934.425 includes a limited exception allowing a parent or legal guardian to install a tracking device/application on a minor child’s property in certain scenarios. These scenarios include (as listed in the statute):

Parents/guardians are married and not living apart, and either parent/guardian consents.
One parent/guardian is the sole surviving parent/guardian.
One parent/guardian has sole custody.
Parents/guardians are divorced, separated, or living apart and both consent.

Source: F.S. 934.425.

Key takeaway: When parents are living apart, the statute contemplates both parents consenting unless another listed condition applies (such as sole custody). If both consent is not present, the legal risk rises quickly.

Criminal penalties are felony-level under current law

Under the current version of F.S. 934.425:

A standard violation is a third-degree felony.
If the violation is done to commit or facilitate a “dangerous crime” (as defined in the statute), it becomes a second-degree felony.

Source: F.S. 934.425(5).

Note: Some older summaries of this law reference misdemeanor penalties. Florida’s current statute language reflects felony penalties, so it is critical to rely on the current statutory text.

Family court consequences: why tracking can backfire in custody cases

Even when criminal charges are not filed, tracking can create custody exposure. Florida courts must make parenting-plan and timesharing decisions based on the best interests of the child under F.S. 61.13. The statute lists factors the court considers, and the analysis is case-specific. Source: F.S. 61.13.

In contested cases, unauthorized tracking is often framed as:

Boundary violations and inability to co-parent respectfully
Conflict escalation between households
Harassment or coercive control dynamics
Conduct that pulls a child into adult conflict

If the evidence suggests the tracking was used to monitor the other parent’s location, relationships, or private activities, it can harm credibility and create arguments for restrictions, parenting coordination, or other court interventions depending on the facts.

Tracking can overlap with stalking and injunction issues

Depending on the pattern of conduct, location monitoring may intersect with other Florida laws.

Stalking and cyberstalking (F.S. 784.048): Florida defines stalking as willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person. The statute also defines aggravated stalking and includes enhanced provisions when an injunction or other court prohibition exists. Source: F.S. 784.048.

Domestic violence injunctions (F.S. 741.30): Florida provides a cause of action for an injunction for protection against domestic violence, and the court can order restrictions on contact and other conduct based on the circumstances. Source: F.S. 741.30.

If tracking is used to confront, intimidate, or monitor movements after an injunction is sought or entered, legal consequences can compound quickly.

Real-world examples that create legal exposure

These examples are common fact patterns that trigger disputes:

A Bluetooth tracker hidden in a child’s backpack that reveals the other parent’s home address and routines.
Location sharing on a child’s phone used to monitor the co-parent’s dating, travel, or overnight stays.
A “safety” tracker used as a pretext to show up uninvited at exchanges or to initiate confrontations.

The legal issue is not the label “for the child.” The issue is whether the tracking is used without proper consent and whether it functions as unauthorized surveillance of another person’s location or movement under F.S. 934.425.

Lawful alternatives that reduce risk

If a parent has a legitimate safety concern, these options are generally safer than self-help surveillance:

Seek parenting plan modifications or safety provisions consistent with Florida’s best-interest framework under F.S. 61.13.
Use co-parenting communication tools by agreement.
Use location sharing only with explicit mutual consent in writing, especially while living apart.
Consult counsel and document concerns rather than escalating into surveillance tactics.

Bottom line

Florida’s tracking law is not a minor issue. Under the current statute, unauthorized tracking can be prosecuted as a felony, and in family court it can also be used to argue boundary violations, conflict escalation, or conduct inconsistent with the best interests of the child, depending on the facts.

Legal disclaimer: This article is for general informational purposes and is not legal advice. Every case is fact-specific. If you need guidance for your situation, consult a qualified Florida family-law attorney.

Is It Illegal to Track Your Child During Divorce or Separation in Florida?