Moving Out of State with Children Requires Divorced Parents to Provide Notice under Ohio Law

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If you have a custody order from an Ohio Court, Ohio law requires you to file a notice of intent to relocate with the Court that issued the custody order prior to moving out of state with the children. The notice must be sent to the non-custodial parent, and must contain your new address (unless disclosing that is otherwise prohibited by another Court order). If possible, it is often helpful to at least try to obtain the consent of the non-custodial parent prior to filing anything in Court. If the non-custodial parent agrees to your relocation out of the state of Ohio with the children, you may be able to file an agreed entry noting that for the Court record. If you cannot obtain the non-custodial parent’s consent, then file the notice of intent to relocate. In some Ohio Courts, the Clerk of the Court will send the notice of intent to relocate to the non-custodial or other parent, in other Courts, you, the filing parent, or your attorney will need to serve the notice on the non-custodial or other parent. It is often wise to have an attorney’s help with this process. If you find yourself in that position, please contact Helen Wallace Dayton family lawyer at Helen Wallace, Attorney at Law .

The non-custodial parent will then have an opportunity to object to the relocation. If an objection is filed, the Court where the notice was filed will conduct a hearing. A modification of parenting time, and in some cases, a termination of shared parenting or change of custody may follow in order to facilitate the practicalities of the relocation. It should be noted that shared parenting could continue, even if one parent lived in a different state from the children. Before granting permission for a parent to relocate out of state, Ohio law requires that the Court consider what is in the best interests of the children. Some of the factors that may be considered are the reason for the requested move (i.e., employment opportunities, or lack of opportunity in the current location), the distance placed between the children and the non-relocating parent, the involvement of the children’s extended family, the non-custodial parent’s relationship with the children and the wishes of the children. If the Court finds relocation is in the best interests of the children, the Court will grant the request to relocate. If the Court finds it is not in the children’s best interest (because, for example, there is no valid reason for the move, or a parent is attempting the relocation to solely disrupt the other parent’s time with the children) the relocation request may be denied.

For more information about filing a notice of intent to relocate with an Ohio Court, please contact Dayton divorce lawyer at Helen Wallace, Attorney at Law today by clicking on the preceding link, by e-mail to hw@helenwallacelaw.com or by telephone to (937) 654-6800.

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