Facing a Child Relocation Situation with Your Ex in Ohio?

Society is becoming more mobile all the time. In addition, many people are meeting others from out-of-state via online dating sites. Few cases are higher conflict than one in which a parent wants to move out of the state with the child or children. Your Final Decree of Divorce or Dissolution will have specific relocation language and procedures in it that must be carefully followed. Parents are NOT free to just pick up and move out of state with a child who is subject to a parenting order without certain steps having been taken.

STEPS NEEDED TO BE TAKEN:

If you or you Ex is contemplating a move out of state or far from your present home, be sure to do the following:

1. Read the specific relocation language in your Decree and Standard Order of Parenting Time that is attached. Courts and cases have very differing language as to those restrictions and triggers. Don’t rely on what a friend or co-worker to explain how it was handled in his or her divorce! THE DECREE LANGUAGE MATTERS!
2. Decrees typically require an Agreed Parenting/Custody Order to be negotiated and filed BEFORE a parent can move from Ohio with minor children. If you move with the kids without permission, you will likely be found in Contempt of Court and will have upset the judge.
3. Absent such an agreement, a Motion or Notice of Intent to Relocate needs to filed with the Court by the relocating parent (or a Motion to Restrain Removal by the parent being left behind).
4. Anticipate that a Counter Motion will likely be filed by your Ex objecting to the relocation. Often there is also a branch restraining the removal of the kids and requesting a change of custody so the child remains in Ohio. The message is, you can leave but the kids stay here!
5. Don’t waste time if you are involved in such a situation. It is likely a pre-trial, maybe a Guardian will be appointed to investigate the facts and make recommendations to the Court as well as a hearing set. This all typically takes months!

CHILD RELOCATION LAWS IN OHIO: FACTORS THE COURT WILL CONSIDER:

• Proximity — The farther away, the more difficult it will be to get the relocation approved.
• Substitute Parenting Time – What would the non-relocating parent’s parenting time look like if the Court approves the relocation motion? Will the new arrangement require air travel or just longer driving?
• Motivation — What is the underling basis for the relocation? Is it for a military reassignment, job transfer, a new employment opportunity? Weaker reasons would be to pursue a new “love interest” or to move to a place better than Ohio?
• Best interests of the child — This is the ultimate standard that must be determined. In Ohio best interest is determined by the factors contained in Ohio Revised Code (ORC) Section 3109 (F)(4). The “best interest” factors include:
• The ages of the children and the involvement of both parents caring for the kids;
• The wishes of the child’s parents regarding the child’s care;
• If the court has interviewed the child in chambers regarding the child’s wishes and concerns as to the allocation of parental rights and responsibilities concerning the child and wishes and concerns of the child as expressed to the court or to a Guardian Ad Litem;
• The child’s interaction and interrelationship with the child’s parents, siblings, and any other person who may significantly affect the child’s best interest;
• The child’s adjustment to the child’s home, school, and community;
• The mental and physical health of all persons involved in the situation;
• The parent is more likely to honor and facilitate court-approved parenting time rights or visitation companion rights;
• Whether either parent has failed to make all child support payments, including all arrearages, that are required of the parent according to a child support order under which that parent is an obligor;
• Whether either parent or a member of the household previously has been convicted or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused or neglected child; whether either parent in a case in which a child has been adjudicated or neglected child previously has been determined to be the perpetrator of the abusive or neglectful act that is the basis of an adjudication whether either parent or any member of the household of either parent previously has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code or a sexually oriented offense
• Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent’s right to parenting time following an order of the court;
• Whether either parent has established a residence or is planning to establish a residence outside the state;
• The parent’s ability to cooperate and make joint decisions on child rearing; and
• Any other relevant factors pertaining to the best interests of the child., such as if the requested move is made in “good faith” or primarily made to block parenting time with the Ex.

BALANCING TEST:

Courts want to maintain the relationship between the child and both parents. These cases tend to be very factually dependent. What are all the possible options that the Court can consider if it grants or denies the relocation request? If the request is granted, how can “make-up” parenting time be created? As you can imagine, Courts do NOT grant relocation requests readily! Do not think that preference is given to mothers either. The Courts and Ohio law is gender neutral in parenting determinations. Further, besides this matters, typically child support, health insurance, tax dependency exemptions must be redetermined in these relocation cases.

CONCLUSION:

I strongly urge you to schedule a conference with an experienced Divorce lawyer if you are involved in a relocation situation. You will want to carefully calculate all the pros and cons regardless of which side you are on. That divorce lawyer needs to be well versed in handling these types of cases and have a good understanding how your divorce Judge evaluates and rules on these requests. Every Judge has his/her own approach!

We are Experienced, Trusted and Professional Dayton Divorce Lawyers

Do you need help with Ohio divorce, dissolution or possible relocation case? We can assist you immediately. To learn more, please go to our website at www.hcmmlaw.com or call us at 937 293-2141. We can schedule an in-person conference or one by phone or Zoom.

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Robert L. Mues

Attorney Robert “Chip” Mues has been focusing his legal practice throughout Southwest Ohio primarily in divorce and family law matters since 1978. Chip is passionate about family law and has proudly published the Ohio Family Law Blog since 2007. In addition, he is the managing partner of Holzfaster, Cecil, McKnight & Mues. To learn more about him or the law firm, visit the firm’s website at www.hcmmlaw.com. Appointments are available in person, over the phone or by Zoom. Call us at 937 293-2141.

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