My Ex Wants to Move Out of State With My Child: What Can I Do?

A lot can change over the years since your court order on child custody and visitation was entered, especially if your children were young at the time. One of the most impactful changes is when a parent seeks to move with the child, such as for a job, personal, or family reasons. In some situations, the circumstances may even take your child out of state. The new arrangement will certainly have a major effect on visitation, which is why the Ohio statute on parenting time includes multiple requirements and outlines a strict process for making a move.

When you are the parent who is staying put, it is reassuring to know that your ex cannot just pack up and leave without complying with the law. In addition, you should realize that there are opportunities to contest parental relocation if you choose. You should consult with an Ohio parenting time and visitation lawyer about your rights and options, but an overview is helpful for the basics.

Basics on Parental Relocation

For the nonresidential parent, an ex moving out-of-state with the child could have significant implications on the parenting time schedule. Because of these impacts and how they could affect the parent-child relationship, Ohio law requires that the relocating parent follow certain steps and meet statutory requirements. 

Whenever the residential parent wants to move from a home that is different from the one in the court’s order, it is necessary to file a notice of intent to relocate. If the nonresidential parent objects, the court will hold a hearing on whether it is in the child’s best interests to modify the parenting time schedule.

However, parents can enter into an agreement on parental relocation, which should take into account the distance after the residential parent moves. Whether through a court hearing or agreement, keep in mind that child support may need to be adjusted as well.

What to Do if Your Ex Wants to Move With Your Child

Your first priority when faced with parental relocation as the nonresidential parent is to speak to an experienced attorney. You can benefit from legal advice when discussing and negotiating an agreement, and it is crucial to have representation if you must go to court. Additional tasks for your and your lawyer include: 

• Considering options for modifying parenting time;
• Gathering evidence to show why the relocation is not in the child’s best interests;
• Reviewing the notice of intent to relocate;
• Formally objecting to the relocation by filing documents in court; and,
• Going to court for a contested hearing, during which you have the chance to present testimony, exhibits, and other evidence to support your position.

An Ohio Parenting Time and Visitation Attorney Will Advise You on Relocation

If your ex wants to move out of state with your child, it is critical to understand your rights and options as a parent. For personalized details, please contact Fout Law Office, LLC in North Canton, OH. We can schedule a consultation to review the facts and help you make informed decisions about parental relocation.