Relocating With a Child in Ohio: Legal Considerations & Parental Rights

Moving becomes complicated when you have a child and share custody with another parent.

In Ohio, there are specific laws and steps you need to follow to move legally with your child. This blog will help you understand what you need to do if you want to relocate with your child and still keep your current parenting plan.

Can a Mother Move A Child Away From a Father in Ohio?

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A mother can move away with a child in the state of Ohio.However, if there’s not been a previous adjudication, then there’s a lot more flexibility for that. However, the father then has the ability to adjudicate his rights and seek relief from the court on that relocation. If there’s already been an adjudication, meaning that there are parental rights established or if there’s a divorce already and the father has a certain amount of parenting time or a shared parenting plan, then there has to be court intervention. The mother has to file a notice of intent to relocate, asking the court for permission to relocate the child. And again, the best interest analysis is important, the interrelationships of those two parties, and how much time the father spent, the mother spent with that child is critical. It may result in a modification of the parenting time, it may result in a modification of the parenting time, it may result in modification or reallocation of the custody itself depending whether they believe the best interest of the child is served by moving away. It really also depends on how far they’re moving. If they’re just moving to the next county, that may not be as significant as someone who wants to move to the west coast or to the south.

Want to learn more about Ohio’s rules about moving in shared custody situations? Call Dungan & LeFevre now.

Legal Framework for Relocation in Ohio

In Ohio, if you want to move with your child, you need to follow the law. The Ohio Revised Code (ORC) has rules about moving with a child.

You can’t just pack up and leave; you need to get the court’s approval first. The court wants to make sure that the move is in the best interest of the child.

Notifying the Other Parent

Before you move, you have to let the other parent and the court know about your plans. This is called giving notice. You need to tell them where you want to move and why. It’s important to give this notice well in advance.

In addition, you will need to file a notice with the court sharing your intent to relocate in advance of the child’s relocation.

What Factors are Considered by the Court?

The court looks at many things before deciding if you can move. The main focus is always on what is best for the child. Some things the court considers include:

  • How the move will affect the child’s relationship with the other parent
  • The reasons for the move
  • How the move will impact the child’s education and social life
  • The child’s own wishes, depending on their age and maturity

What Parental Rights or Responsibilities Exist?

In Ohio, parents can have shared custody, or sole custody. If you have shared or joint custody, both parents need to agree on major decisions about the child, including moving.

Even if you have visitation rights, moving can change how and when you see your child. The court will look at how the move affects these arrangements and make a decision that is best for the child.

Can I Modify Parenting Plans?

If you want to move, you might need to change your current parenting plan. This is called modifying the plan. You can ask the court to change the custody or visitation orders to fit the new situation.

Sometimes, you and the other parent can agree on these changes. If not, you might need to go to mediation or a court hearing. The court will then decide what changes, if any, are needed.

Tips for Parents Considering Relocation

Here are some tips if you are thinking about moving with your child:

  • Communicate: Talk to the other parent about your plans as early as possible.
  • Document: Keep records of all communications and reasons for the move.
  • Plan: Make sure you have a solid plan for the move, including how it will affect your child’s schooling and social life.
  • Be Honest: Be truthful about your reasons for moving and how it will benefit your child.

Do I Need an Ohio Custody Attorney?

Moving with a child is not easy, and it’s important to get legal help to avoid complications down the line.

A family law attorney can guide you through the process and help you understand your rights and responsibilities. They can also help you prepare for court if needed.

Your attorney can ensure you don’t overlook any requirements, you have the right evidence to show that the move aligns with the child’s best interests, and that you are following the legal procedures set by the law.

Call Dungan & LeFevre for Your Custody Needs Today

Moving with a child involves many legal considerations, especially following a difficult divorce. It’s critical to follow the law and make sure the move is best for your child. You need an experienced family law attorney when you have questions about custody in Ohio.

We understand how complex these situations can be, even if it feels straightforward. Your child’s best interests are our priority, and we’re ready to hear your side of the story and help you secure your family’s future.

If you have any questions or need help, reach out to our family law attorneys. Let us help you move forward. Call 937-339-0511 or use our online form to get started.

Work With Our Miami County Legal Team

Whatever your demands, Dungan & LeFevre is the full-service law firm you need. We can help you explore your options, guide you through challenges, and represent you in court. You can rely on our experience and knowledge to steer you to your best decision for the most reasonable price. Get started with a consultation.