Ohio Laws on Relocation and Child Custody after Divorce
Parental custody is decided as part of an Ohio legal divorce proceeding. One parent generally is granted residential custody, and the nonresidential parent is granted visitation rights. If a parent decides to relocate out of Ohio after the divorce, there are legal ramifications on both parent's custody rights for the child.
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Parental Rights after a Divorce
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While one parent is usually granted residential custodial rights for a minor child, if a parent requests a shared parenting plan, the court may decide that each parent shares the physical and legal care of the child. Regardless of the parenting roles, if one parent decides to move from Ohio, the law requires that the relocating parent provide written notice in advance of the move to the other parent, as well as the Child Support Enforcement Agency. This move will, in all likelihood, require a new set of parental visitation guidelines and may also affect child support payments.
Courts Review the Pending Move
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The first thing the court does is determine the reason the parent is moving out of the state. The court ensures that the move is not intended to frustrate the remaining parent. It also attempts to determine how the move will impact the relationships between the child and parents. The court may also take into consideration the financial and educational impact of the move, along with the socio-economic environment of the new location compared with the current location. The child's wishes, though they do not have to be a legal concern in the situation, may also be reviewed.
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Parental Agreement
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The court requests that the parents attempt to come to an agreement on visitation. If the parents remain at odds about the impact the pending move will have on the child, the court will request that a mediator help the parents reach a mutually satisfactory visitation arrangement. If the nonmoving parent cannot reach an agreement with the moving parent, he or she can either just hope the moving parent will allow frequent visitation or file a motion in court for a new custody or shared parenting ruling. The nonmoving parent can also file a motion to modify the child support ruling, as new expenses may have to be undertaken in order to visit the child.
Relocation
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The Ohio courts will do everything possible to try to get the parents to come to a mutual agreement about a move. Parents should not hesitate to take another job out of state that will better their financial circumstances, or turn down a promotion that requires a move. Courts will not attempt to block a parent's move for legitimate circumstances. Parents should, however, attempt to come to an understanding about emailing, sharing information about schools and extracurricular activities, and involving the remaining parent in the child's life as much as possible.
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