Do you share custody of your children with your former spouse? If one of you decides to relocate, the move may have serious implications for your parenting plan.
Review the factors that influence relocation and child custody in Ohio.
Parenting plan modification
If the parents agree to the relocation and the resulting parenting plan changes, they can submit a new plan to the court for approval. Otherwise, the parent who plans to relocate must provide notice to both the court that issued the original custody order and the other parent. The court will schedule a hearing to determine whether to modify your parenting plan.
The best interest standard
If you are the parent requesting a change, you must show that the relocation would benefit the child significantly while staying in the current living environment may harm his or her best interest. If you want to stop the other parent from relocating, you can present evidence that supports the child’s well-being and stability with the current parenting plan. The judge in your case may review:
- The distance involved in the proposed relocation
- The mental and physical health of the child and each parent
- How well your child has adjusted to his or her current home and school environment
- Your child’s relationship with you and your former spouse as well as other family members, including brothers and sisters
- Your child’s preference depending on age
If the court agrees to the move, the judge will adjust the parenting plan accordingly. Otherwise, the current parenting plan will remain in place and legally binding.