Relocating after divorce can be a practical decision. There might be better job opportunities in another city. Affordable housing can be a consideration. Many people also want proximity to their close family members while rebuilding their lives after a marriage ends.
Sharing custody inevitably complicates any major changes after the end of a marriage. Parents are subject to the terms outlined in their custody orders. Generally speaking, they have to adhere to the custody order by sharing time and proactively communicating with a co-parent about the children’s needs. When one parent intends to move and take the children with them, they have to follow a specific process.
Co-parents can negotiate new terms
Under Ohio state statutes, any change in residence generally requires pre-approval when sharing custody. The parent planning to move typically has to notify the other parent of their intentions at least 60 days in advance.
If the move is relatively local, it may be possible to work out new arrangements for sharing parenting time after the move. In some cases, relocations might significantly increase the distance between the parents’ households and affect their ability to regularly exchange custody.
Even in such circumstances, it may be possible to make cooperative adjustments to the custody order. If parents don’t agree, the parent proposing the relocation likely needs to request a hearing in family court.
Judges can approve relocations
If co-parents cannot work cooperatively to adjust current custody terms based on a proposed relocation, then a family law judge may need to intervene. A judge generally needs to make decisions that are in the best interest of the children.
They may review the current custody arrangements and the details of the proposed relocation. They can then determine whether the move is likely to be beneficial for the children or to do more harm than good.
Parents hoping to relocate with their children need to follow the right procedures and present their perspective appropriately if the matter goes to court. Learning more about the rules that govern shared custody and move-away scenarios can be beneficial for parents pursuing the next chapter in their lives after the end of a relationship.
