Life does not stand still after divorce. New jobs come up, or family members may live far away. Sometimes, you may want a fresh start somewhere else. But you might not have the freedom to move on a whim. If you share child custody, there can be restrictions. Can a parent move out of state with a child after divorce in Ohio?
The court will play a major role in these situations. Whether you are thinking about relocating or worried about your co-parent taking your child out of state, here’s what you need to know about these potential moves.
You Must Notify the Court
In any case, the courts need to know. In Ohio, a parent who wants to move with their child must file a Notice of Intent to Relocate with the same court that issued the original custody or parenting plan.
When you file, it gives the other parent a chance to make their opinion heard. In some cases, they may object. If that happens, the court will hold a hearing to decide whether the move is in your child’s best interests.
What Happens If the Other Parent Disagrees?
If your co-parent does not approve of the move, the court will make a decision. At this point, the focus shifts to your child’s well-being. Ohio judges look at things like:
- The reasons behind the move, such as job opportunities, being closer to family, or better schools.
- The move’s distance and how it might affect parenting time
- Your child’s ties to their current school, friends, and community
- How the move will impact the involvement of the other parent
- Your willingness to support and maintain your child’s relationship with the other parent
These decisions are never about what is convenient for you; they are always about what’s best for your child.
What If Both Sides Agree to the Move?
If the court allows you to relocate, your custody and parenting time agreement will need to be updated. You and your co-parent may need to:
- Adjust visitation schedules
- Decide who covers travel costs
- Set up virtual visitation, such as FaceTime, Zoom, or regular phone calls.
When you present a detailed plan, that shows the court you’re serious about supporting your child’s relationship with you and the other parent. In these cases, your request is more likely to get a judge’s approval.
What Happens If You Move Without Permission?
You cannot pack up and move out of state with your child without court approval. If you do, that violates your custody order. In turn, it can lead to serious consequences, including contempt of court, fines, or losing custody.
Before making any decision, it needs to be approved by the court.
Legal Guidance May Be Needed
Unfortunately, relocation cases can become very complicated. This is more than filling out a form. Even when both parents have good intentions, emotions can run high, and mistakes can be costly.
You will want to have an experienced Ohio family law attorney to:
- Help you file the correct forms and meet all deadlines
- Build a strong case showing why the move benefits your child
- Negotiate with the other parent to reach an agreement, if possible
- Represent you in court if a hearing becomes necessary
On the other hand, if you are the parent opposing a move, a lawyer can help you protect your parenting rights and work toward a solution that keeps you close to your child.
Find Legal Help for Your Ohio Child Custody Case
Can a parent move out of state with a child after divorce in Ohio? The process is not always simple. You will have several legal hurdles to cross before making that move.
If you are considering relocating or are concerned about your co-parent’s plans, Axelrod Law Office in Lake County, OH is here to help. Call our office at (440) 271-8126 or submit a contact form to schedule a free, confidential legal consultation.