What Happens When a Custodial Parent Moves?

Divorces are often long and complicated procedures, and there are several key factors to keep in mind if you intend on divorcing your spouse. The process of ending a marriage can become incredibly complicated if you have children. Despite all of the disputes that you may face—from alimony to property division and everything in between—it is always important to keep your children’s best interests in mind.

download (22)


If you are considering divorce, you likely have many concerns. One important question that people often forget to ask is, “What happens if the custodial parent decides to move?”

At the Law Office of Curtis R. Cowan, we can help you understand the consequences of your decisions, as well as those of your spouse. We have extensive family law experience, and Mr. Cowan has handled a multitude of cases involving child custody and divorce. He can advise you on legal matters to ensure that you do not make any key mistakes during and after the proceedings. Call our office today at 954-768-0720 to schedule an appointment with Broward County divorce lawyer Curtis R. Cowan.

According to Florida law, a parent who wishes to move more than 50 miles away with his or her child for a period of longer than 60 days must notify the other parent. Depending on the response of the other parent, the scenario can play out in two different ways. Read on for more information.

If Parents Agree on the Move

In many circumstances, both parents will sit down and work out their differences with regard to the move. If both parents agree to the move, they must submit a written agreement to the court that holds the noncustodial parent’s consent.

The agreement must include transportation arrangements to facilitate legal visitation. Anyone else who may also have rights to visit the children, such as additional family members, must also approve the agreement.

As a compromise for allowing the move, many custodial parents will allow longer periods of visitation, such as over school holidays, so the children can spend a realistic amount of time with the noncustodial parent. Even if both parents are in agreement with the move, though, they must first seek the court’s approval.

If One of the Parents Objects

If the parent who does not have custody of the children objects to the custodial parent’s move, the custodial parent must file a petition. This petition will go to the courts and must include information on the new location, the proposed date, reasons behind the desire to move, a proposed visitation schedule for the noncustodial parent and a notice informing the other parent of the proposed move.

If you have specific family law concerns, contact Broward County family attorney Curtis R. Cowan for assistance. He can evaluate your situation and advise you on how to proceed. Schedule an appointment with Mr. Cowan today by calling the Law Office of Curtis R. Cowan at 954-768-0720.