Child Custody And Relocation In Ohio
For unmarried and divorced parents, relocating with their children can be tricky. The move may have a potential emotional impact on your child, and you may face significant legal challenges if you leave the state.
You will need the help of an experienced family law attorney to get through this challenging time. At Mahaffey & Associates, our child custody lawyers empower our clients by helping them retain more control of the legal process. They can help you work out a child custody agreement plan that the court will accept as equitable for everyone.
What You Need To Know About Child Relocation Laws In Ohio
If you are the parent with whom the child primarily lives, you must inform the court about your relocation plan. This involves filing a notice of intent to relocate with the court that initially set the parenting time order. Following Ohio’s custody laws for divorced parents, the court will notify the other parent about your intended move.
Once the court receives your notice, it might hold a hearing to discuss whether the move is in the child’s best interests. The court may schedule the hearing, or the noncustodial parent may request it.
Notification Requirements
You must file a Notice of Intent to Relocate in Ohio with the Clerk of Courts office. The court will send this document to the other parent, so be sure to provide their current contact details, including their address, phone number and email.
If you don’t have the exact address for your new place, you can still file the notice by indicating the general area you’re moving to. Just make sure to update the court with the full address once you have it.
Joint Custody And Relocation Challenges
When parents have joint custody in Ohio, relocating with a child can present unique challenges. In the state, if you plan to move more than 50 miles from your current home, then you must notify the other parent in writing at least 60 days before the move. This notification is crucial, as it gives parents time to discuss and plan for the changes.
Ohio courts focus on the child’s best interests when evaluating relocation requests. They examine why the relocating parent wants to move and whether the other parent is willing to work with the new situation.
Providing proper notice is a key part of this process. When both parents agree on the move, the court usually gives the green light.
Legal Considerations For Relocation
If both parents agree on keeping or modifying the current custody arrangement, you can file an Agreed Entry with your notice. If you haven’t agreed yet but are open to mediation, you can use the court’s mediation program to try and reach a new agreement.
If there’s no agreement, and mediation doesn’t work, either parent can request a court hearing to settle the custody issues. Remember, the goal is to make decisions that best support your children’s well-being, which is the center of Ohio’s divorce custody laws.
It’s crucial to communicate with the other parent about your relocation plans and follow proper legal procedures. Otherwise, authorities may charge you with parental kidnapping in Ohio, which might lead to discussions about the termination of parental rights. It can also be one of the reasons why a judge will deny relocation.
Understanding residential parents’ rights and noncustodial parents’ relocation rights in Ohio can help people make informed decisions about moving and custody arrangements.
Factors That Courts Consider In Relocation Cases
In this state, the courts focus on the “best interests of the child” when making decisions regarding the relocation of parents with their kids. The following is a list of the factors the court considers and what they mean:
- Stable environment: A stable and nurturing environment is vital for a child’s growth. The court considers whether the relocating parent can provide such an environment. This includes looking at the new home, school and community.
- Emotional bonds: The relationship between the child and each parent is critical. Courts assess how relocation might affect the child’s emotional ties with both parents and whether the move will support or disrupt these relationships.
- Child’s needs: The court evaluates how well each parent understands and can meet the child’s needs, including education, health care and emotional support.
- Impact of relocation: The court examines how moving will affect the child’s life. This includes the distance of the move, the potential for maintaining relationships with both parents and the benefits of the new location. These factors are crucial in decisions about relocation custody.
- Child’s preference: Depending on the child’s age and maturity, their preference may also be considered. While it’s not the only factor, understanding what the child wants can provide valuable insight.
For parents considering relocation, being aware of these factors can help when they’re preparing for a court case. The case will need to demonstrate how the move will positively impact the child’s life and show that their safety and well-being are at the forefront of the decision.
Talk To Our Lawyers About Child Custody Laws In Ohio
At Mahaffey & Associates, our child relocation lawyers work hard to develop a parenting plan that works best for our clients’ families. Reach out to us through our website or call us at 419-741-0111 for a free consultation.