What happens if you want to move out-of-state after you have a finalized Ohio child custody arrangement? If you share custody with the child’s other parent, he or she has the right to approve the move.
Follow this process to legally request relocation with your minor child after divorce in Ohio.
Requesting a move
Your first step is to notify the court that administered your custody order. You must also provide official notice to the child’s other parent. He or she can contest the move if it will affect visitation or shared custody.
Before requesting a move, check the provisions of your custody arrangement. Some plans prohibit parents from moving outside a specified geographic area, such as the county. Other plans do not address moving.
Understanding best interest
The court will not allow you to move unless you can prove that relocation serves your child’s best interest. The judge will try to make the best decision for your child’s needs based on factors such as:
- The distance of your proposed move from the child’s other parent
- Whether you, the child or the other parent has existing mental or physical health issues
- How well your child has adjusted to his or her current school, home and custody situation
- Your child’s existing relationship with extended family members, including siblings
- The child’s wishes if he or she has the maturity to express a preference
As the parent requesting relocation, you have the burden of proof to show that your plans benefit your child’s well-being. The child’s other parent can provide evidence supporting his or her disagreement with the move.