Relocating with children after a divorce in Ohio is more than just moving; it requires specific legal requirements and challenges that can affect your child custody, parenting time, and your legal rights as a parent. Whether you’re considering a move for a job, family support, or a fresh start, knowing the law is essential to protect both your child’s well‑being and your custody arrangement.
File Relocation Notice
Under Ohio Law, a residential parent, the parent with whom the child lives the majority of the time, must file a Notice of Intent to Relocate with the court that issued the custody or parenting order if the move will change the child’s residence address. This filing alerts the non-relocating parent and allows them to respond.
- The notice must be submitted before you actually relocate
- Even if the move is not out of state, relocation may require notice depending on your parenting plan.
What Happens After You File a Notice
Once the notice is filed, the other parent will receive a copy and has the right to object to it. If there is an objection, the court will then schedule a hearing to decide if the relocation is in the best interest of the child
Relocation hearing, Judge considers:
- Why do you want to move? (Job opportunity, family support, change of schooling)
- How the move will affect your child’s relationship with the non‑relocating parent
- Distance of the relocation and transportation
- Stability of the child’s school, community, and support base
The move must be shown to benefit the child or at least not harm their relationship with both parents.
Modifying Custody or Parenting Time
If the court approves of the relocation, the existing custody or parenting time will likely need to be modified. This will make sure the parenting schedule reflects the new location and remains meaningful and in contact with both parents.
Possible changes include:
- Adjusted visitation schedule
- Virtual visitation options
- Travel expense arrangements
Moving Without Court or Parent Approval
If you move without filing a notice or moving without getting the court’s or parents’ permission, it will lead you consequences. Courts can view this as a violation of custody and could:
-Change custody orders in favor of the other parent
– Require children to move to their prior residence
– Hold the relocating parent in contempt of court
Because of these risks, it is very important not to relocate your child without complying with the Ohio Laws
Challenges for Shared Parenting Situations
In shared parenting cases, both parents have significant custodial rights. This often makes relocation matters more complex because both must agree or seek court approval. The court typically prioritizes preserving each parent’s meaningful relationship with the child while evaluating the relocation plan.
Contact Axelrod and Hellier
Relocating children after a divorce in Ohio involves a lot of careful planning and compliance with legal requirements. Proper notice, consideration of the child’s best interest, and potentially modifying parenting plans are all key steps to ensure a smooth transition.
If you are facing a relocation problem or need assistance modifying parenting plans, Contact Axelrod and Hellier for experienced support and guidance to get a smooth transition.