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Moving out of state as the custodial parent

On Behalf of | Oct 13, 2021 | Family Law, Firm News

Ohio law prevents custodial parents from moving to different states with their children unless they get permission from the court. The court must consider what’s best for the children when making decisions.

What’s in the children’s best interests?

Children’s attachment to their homes is a factor in determining what’s in their best interests. If a child is old enough to have sufficient reasoning ability, then Ohio’s family law allows judges to take into consideration his or her preference.

How likely the custodial parent is to honor visitation rights also influences the decision a court makes. If the custodial parent hasn’t honored the parenting plan, then a judge is less likely to grant permission for him or her to move to a different state with his or her child.

Are exceptions made for military parents?

When military parents have sole physical custody of their child, then the judicial system makes an exception for them if they have to move because of the military. However, they will still have to work out visitation rights with the other parent, including guaranteed time for video calls, phone calls and text messages with their children. The only exception to this would be if the other parent has a history of abuse, and the existing parenting plan limits his or her interaction with the child for safety reasons.

How do you request permission to relocate?

In Ohio, you must file a notice of intent to move out of state to both the other parent and the court. If the other parent objects to your formal request, then the court will hold a hearing to come to a decision.

It’s not likely that a court would allow a custodial parent to move far away from the other parent because it often decreases how much time the child can spend with their other parent. However, there are some circumstances in which the court agrees that is what is best for the child.