After a divorce, you may want to seek a fresh start by relocating. However, moving to a different state may be complicated for divorced couples who share child custody. Although family laws vary from state to state, custodial parents in Ohio must go through a specific process if they wish to move out of state with their children. Below is a brief overview.

Relocation & Child Custody Laws in Ohio

Notice of Intent

In Ohio, if a divorced parent with primary custody wants to move to another state with their children, they must file a notice of intent to relocate with the court that issued their child custody order. The court will notify the noncustodial parent, who may give permission for the move or contest it by filing an objection. If an objection is filed, a relocation hearing is set. The court, independent of the parents, may also decide to challenge a relocation and request a hearing.

Relocation Hearing 

During a relocation hearing, the court determines whether the requested move is in the best interest of the child. They’ll review the current child custody agreement and the reasons for the move, such as a new job or to be closer to other family members.

The court will also take into account the current relationship between the divorced couple. Their ability to work amicably with each other and the impact of the move on the child’s well-being will be assessed. Because relocation hearings can be emotionally charged, each party should be represented by a divorce lawyer.

Child Custody Modification 

If the noncustodial parent consents and the court concurs, the child custody agreement will be modified to include new details. The noncustodial parent may, for example, be granted longer visitation rights during holidays and vacations in place of weekly or bi-weekly stays. Details may also be stipulated about long-distance communication requirements. A court may order that phone or FaceTime calls be regularly scheduled.

If you’re a divorced parent considering a move out of state, contact the seasoned attorneys at Riley Resar & Associates PLL in Lorain, OH. Since 1894, this firm has been helping clients in northern Ohio resolve child custody issues and settle contested family law matters. They’re also experienced in estate planning, probate law, bankruptcy cases, and more. Visit their website to learn more about their practice areas, or call (440) 244-5214 to speak with a divorce lawyer today.