Moving with a Child During or After Divorce in Ohio

People move for various reasons, from taking a job in a new city to downsizing and moving into a smaller home. Some people relocate simply because they want to experience a change of scenery. Moving can be a hassle, but it isn’t a major problem for most people. If you are going through a divorce, however, moving can be a complex issue that affects your child custody and visitation rights.

Parents often want to know whether they can move out of state with their child during or after a divorce. A parent may also fear that the other parent will move out of state and take the children without his or her consent. If two parents are still married and there hasn’t been a complaint for divorce filed in any state court, both parents have equal custody of the children. This means that both parents are considered legal custodians and there is no crime in one of the parents taking the children and relocating to another state. However, doing this could impact how the court allocates parental rights and responsibilities during divorce proceedings. Depending on the circumstances, taking the children out of state may also be considered parental kidnapping.

Relocation During Divorce in Ohio

If parents are not yet divorced but a complaint for divorce has been filed in an Ohio court, it means there hasn’t been an allocation of parental rights and responsibilities. If the parents aren’t residing in the same household, however, the court will issue temporary orders regarding custody and visitation. The parent who isn’t designated as a temporary custodian would be violating the court order if he or she moves out of state with the children.

After a divorce, a parent who has sole custody is not restricted from moving out of state with the children unless the custody order specifically states that it is restricted. The same holds true for divorced parents who have a shared parenting plan. If you participate in a shared parenting plan and relocate, however, you would be subject to sanctions from court if your move interferes with the parenting time and visitation schedule set forth in the existing court order. If either party wants to modify the parenting time schedule or custody arrangements due to relocation, you must file a motion with the court and schedule a hearing. A modification of the child support order may also be required.

If you are a parent going through a divorce or you have already gotten a divorce and want to move out of Ohio with the children, consult an attorney. The family lawyers at Edward F. Whipps & Associates have experience representing parents who wish to move as well as parents who are opposed to relocation. If a parent attempts to move with the children without the approval of the other parent, it might be necessary to issue a restraining order to prevent the relocation.