You may feel torn between a promising job or family support out of state and the fear that moving could cost you time with your children or even derail your divorce case. Your spouse might be threatening to leave Florida with the kids, or you may be the one thinking a fresh start is the only way forward. At the same time, you probably sense that crossing state lines is not as simple as packing a moving truck.
For families in Coconut Creek and across South Florida, relocation decisions sit at the point where personal life, work, and Florida family law collide. A move that makes emotional or financial sense can create real legal trouble if it clashes with existing court orders or Florida’s rules about where cases belong. Understanding what happens to custody, support, and the divorce itself if someone moves is crucial before anyone changes states.
At The Law Offices of Jonny Kousa, P.L., a full service family law firm based in Coconut Creek serving Broward, Palm Beach, and Miami-Dade Counties, we regularly help clients navigate out of state moves that overlap with divorce and custody cases. We have seen how fast a move can lead to emergency hearings or a fight over which court is in charge. This guide shares practical insight from those experiences so you can plan a relocation, or respond to your spouse’s move, with your eyes open.
Why Moving Out Of State Can Complicate A Coconut Creek Divorce
Relocating out of Florida is not just a change of scenery. For a family going through a divorce in Coconut Creek, it can change how often each parent sees the children, which schools they attend, and whether both parents can stay involved in daily decisions. When one parent moves far away, it becomes harder to keep the same frequent overnights, school pickups, and extracurricular activities that a local parenting plan assumes.
Distance also raises questions about which state’s laws apply and which court has the power to decide disputes. A divorce that starts in Broward County is tied to Florida law, but if a parent or child moves to another state, that new state may eventually have an interest in the case too. Without a clear plan, you can end up with conflicting expectations about where to file, which orders control, and who has to travel back for hearings.
Florida treats moves that substantially increase the distance between parents, especially out of state moves with children, as a serious legal issue rather than a private decision. Courts look at how the move affects the child’s stability and the other parent’s ability to maintain a meaningful relationship. Because our firm often represents parents in Coconut Creek who have connections to other states, we know that leaving Florida without addressing these questions first often leads to rushed court fights that could have been avoided with better planning.
Florida Residency & Jurisdiction Rules That Affect Out Of State Divorce
Before you decide where to file or whether to move, you need to understand Florida’s basic residency and jurisdiction rules. To start a divorce in Florida, at least one spouse must generally have lived in the state for a certain period, often six months, before filing. For a Coconut Creek couple, that typically means one of you has been a Florida resident, often in Broward County, long enough that the local court can hear the divorce.
Jurisdiction, which is the court’s power to decide a case, has more than one layer. One layer covers the marriage itself, such as dividing property and granting the divorce. Another layer covers children and financial issues like custody, timesharing, and child support. A Florida court can often grant a divorce if residency is met, even if there are questions about whether another state should handle custody because the children have been living there.
For children, courts look closely at the concept of a “home state.” In general terms, this is the state where the child has lived for a substantial period, often the last six months. If your children have been living in Coconut Creek or elsewhere in South Florida during that period, Florida usually has strong grounds to handle custody and timesharing decisions. If one parent takes the children to another state and tries to file there quickly, the new state may decline to decide custody until the children have lived there long enough or until Florida releases the case.
These rules can surprise parents who assume that moving first and filing later will give them a strategic advantage. In reality, judges in Broward, Palm Beach, and Miami-Dade Counties look at where the children have truly been living and which court is best positioned to protect their stability. Our work across these counties has shown that filing in Florida before a move, or keeping children here while jurisdiction is sorted out, can be critical to maintaining Florida’s role in the case.
What Happens If You Try To Relocate During A Pending Divorce
Relocating during an active divorce or custody case is one of the most sensitive situations we see. When a case is pending in Broward County for a Coconut Creek family, there are usually temporary arrangements in place, either by agreement or court order, about where the children live and how often each parent sees them. Those temporary parenting plans are not suggestions. They carry real weight with the court.
If a parent moves children out of state during a pending case without the other parent’s consent or court approval, it can backfire badly. Judges tend to view unapproved relocation as a sign that the moving parent is not willing to foster the child’s relationship with the other parent. That can hurt the relocating parent’s position when the court later decides permanent timesharing, even if the move was based on a job offer or family support elsewhere.
When a parent legitimately wants or needs to relocate mid case, the usual path is to ask the court for permission. That often involves filing a formal request that lays out the reasons for the move, the proposed new timesharing schedule, and how the child will benefit. The other parent typically has a chance to object, and the court schedules a hearing where both sides can present evidence and testimony.
These hearings look closely at factors such as the child’s ties to Coconut Creek, school performance, the quality of each parent’s involvement, and the specifics of the new opportunity, such as a firm job offer. From our experience handling contested family law matters, we know that timing is crucial. Courts need time to set hearings, and rushing a relocation request or moving first and asking later often leads to emergency motions and increased conflict that could have been reduced with earlier legal strategy.
Relocating After Your Coconut Creek Divorce Is Final
Relocation questions do not end when the judge signs a final judgment. Once your Coconut Creek divorce is final, you will likely have a detailed parenting plan and timesharing schedule that sets out where the children live, how holidays are shared, and how decisions are made. That plan is a binding court order. A long distance move that makes it impossible to follow that plan is not something the court expects parents to handle informally.
If you are the parent with majority timesharing and you want to move out of Florida with the children, Florida law generally expects you to either obtain written agreement from the other parent or seek court approval before the move. Significant relocations often require modifying the existing parenting plan. Courts look at whether circumstances have changed since the original order and whether the proposed move aligns with the child’s best interests.
Long distance parenting plans look different from local ones. Instead of frequent weekly overnights, the non relocating parent may receive longer blocks of time during school breaks, extended summer periods, and a larger share of major holidays. The plan may also spell out regular video calls and other virtual contact to keep the relationship strong between visits. When we work with parents on these issues, we help them think through how travel, school calendars, and the child’s age will affect what is realistic.
No two relocation cases are exactly the same. A move from Coconut Creek to Atlanta for a specific promotion is different from a move across the country for a general desire to start over. Judges in South Florida look at the reasons for the move, the support network in the new location, and how well the plan preserves the other parent’s role. Our firm’s commitment to individualized attention means we focus on building a proposal, or a response to a proposal, that reflects your family’s real circumstances rather than relying on a one size fits all schedule.
How Out Of State Moves Change Parenting Time & Child Support
When one parent moves out of state, the most obvious change is how parenting time works. It becomes difficult or impossible to keep alternating weekends or weekly dinners when the parents live hundreds or thousands of miles apart. Courts and parents usually shift from frequent short visits to fewer, longer blocks of time, such as most of the summer, part of winter break, and alternating major holidays.
These changes have financial consequences as well. Travel is not free, and judges are aware that airfare or long drives add up quickly. Parenting plans and related orders can address who pays for transportation, how tickets are purchased, and where exchanges happen. In some situations, courts may allocate a larger share of travel expenses to the relocating parent, especially if that parent chose to move for personal reasons rather than out of necessity.
Relocation can also affect child support. If a move changes a parent’s income, such as taking a better paying job out of state or temporarily reducing hours while settling into a new area, that may justify asking the court to review the existing support order. Travel costs and the new timesharing structure can also factor into support calculations. Any change, however, must go through the proper legal channels and must align with Florida’s child support guidelines.
For example, imagine one parent remains in Coconut Creek while the other moves to North Carolina for a strong job opportunity. The new plan might give the North Carolina parent most of the summer and spring break, while the Coconut Creek parent has most of the school year. Flights several times a year will need to be budgeted, and the support order may need to reflect who pays what. In our work with South Florida families, we spend time on these details so parents understand not just the legal terms but also the day to day realities of long distance parenting.
Common Mistakes People Make When Moving During Or After Divorce
One of the most damaging mistakes we see is moving children based on a verbal agreement and never updating the court order. Parents may be trying to keep things cooperative, but if the relationship later breaks down, the parent who moved can be accused of violating the original parenting plan. The court may treat the written order, not the old verbal understanding, as the controlling document, which can lead to enforcement actions and a loss of credibility for the relocating parent.
Another common misstep is assuming that filing for divorce or custody in a new state after a move will automatically override any Florida case. In reality, courts often communicate under rules about child custody jurisdiction, and a new state may decline to handle custody until the children have lived there long enough or until Florida releases the case. Trying to juggle competing filings in multiple states can be expensive and emotionally draining, without delivering the advantage the moving parent expected.
Delaying legal advice until after the move is also risky. Once you have changed states, enrolled the children in new schools, and built a new routine, it can be harder to argue that they should return to Florida if problems arise. Florida courts may still assert jurisdiction, but the factual landscape is more complicated. In our experience with relocation related disputes, parents who talk to a custody firm before signing leases or moving children are in a much better position to shape how the court views their choices.
Even parents who stay in Florida make mistakes by treating an ex’s relocation as a wait and see issue. If your co parent is hinting about leaving Coconut Creek with the children, silence can be interpreted as consent. By the time you object, the other parent may have created months of status quo in a new state. Getting early advice about how to respond, what to put in writing, and when to ask the court to step in can prevent that from happening.
Planning A Relocation Strategy With A South Florida Family Law Firm
Thoughtful planning can turn relocation from a crisis into a managed transition. Before accepting an out of state job, signing a lease, or enrolling your children in a new school, it helps to sit down with a South Florida family law firm that understands both the legal rules and the local courts. Together, you can map out whether to file in Florida first, how to approach the other parent, and what kind of parenting plan changes you may need.
Building a strong relocation strategy usually starts with gathering concrete information. That includes written job offers, details about the new salary and benefits, information on schools and childcare in the new area, and notes about family or support systems you would have there. Judges are more receptive to moves that are specific and well documented than to vague plans to figure it out later. We also encourage clients to think ahead about travel logistics, such as airport options, flight durations, and how school calendars line up between locations.
A tailored approach can sometimes turn a potential court fight into a negotiated plan. When both parents see a detailed schedule that preserves meaningful time for each of them, along with clear arrangements for travel costs and communication, they are more likely to find common ground. As advocates and allies for our clients, we work to align the legal strategy with the emotional realities of leaving or staying, so that children experience as much stability and support as possible during the transition.
Talk With A Coconut Creek Divorce Lawyer Before You Or Your Spouse Relocate
Relocating out of Florida during or after a divorce affects far more than your mailing address. It can shift where your case is heard, how much time you and your children share, and what you pay or receive in support. The choices you make before a move, such as whether to file in Florida, how to communicate with your co parent, and when to ask the court for approval, can be hard to undo later.
If you are thinking about moving out of state, or you believe your spouse may be planning a move that affects your children, you do not have to navigate these decisions alone. The Law Offices of Jonny Kousa, P.L. in Coconut Creek helps clients across Broward, Palm Beach, and Miami-Dade Counties build relocation strategies that respect Florida law and protect their relationships with their children. We can review your options, explain how local courts are likely to view your situation, and help you take the next steps with a clear plan.
Call (954) 626-8071 to discuss how an out of state move could affect your divorce or custody case.
