After a divorce, life continues to change, with new jobs, new relationships, or a desire to be closer to extended family. For divorced parents in Ohio, one of the most difficult and legally complicated changes can be relocating with a child. Whether it’s a move across the state or to another part of the country, relocating with a child after divorce isn’t as simple as packing up and going. Ohio law has specific rules in place that determine when and how a custodial parent can move with a child, and failing to follow these rules can result in serious legal consequences.
If you’re a divorced parent considering relocation, or if your co-parent plans to move with your child, it’s important to understand your rights and responsibilities.
In Ohio, a parent who has custody or parenting time and wants to move must first file a Notice of Intent to Relocate with the court that issued the original custody order. This is required by Ohio Revised Code 3109.051(G). Even if the move is within the state, this notice must be filed before relocating.
Filing this notice does not automatically grant permission to move, particularly if the move will significantly impact the current parenting schedule. The court will notify the other parent, and they have the right to object to the relocation. If the relocation affects the non-custodial parent’s ability to exercise their court-ordered time with the child, the court will likely schedule a hearing to evaluate whether the move is in the child’s best interest.
If the other parent objects to the relocation or if the move would disrupt the current shared parenting or visitation arrangement, court approval is required. In Ohio, a judge must consider whether the proposed move serves the best interests of the child, not just the parent.
For example, if the move would make it harder for the non-custodial parent to spend time with the child or would reduce the child’s time with that parent, the court will closely examine the proposed plan. If both parents agree to the move and submit a revised parenting plan, the court may approve it without much conflict. If there’s disagreement, the relocating parent must be prepared to make a compelling case.
When reviewing a relocation request, Ohio courts focus heavily on the best interest of the child. This is not about what’s most convenient for either parent. The court will look at several factors, including:
The more disruptive the move is to the child’s existing life and relationships, the harder it will be to gain approval. A parent who wants to relocate must present a well-thought-out plan demonstrating how the child will continue to have meaningful contact with both parents and maintain stability in their daily life.
Your ability to relocate may depend in part on the terms of your existing parenting plan or custody order. Some parenting plans include specific relocation clauses that outline what happens if one parent wants to move. These clauses may limit moves to a particular geographic area, require advance notice, or specify how to modify the custody schedule in the event of a move.
If your current order includes restrictions, you’ll need to petition the court to modify the parenting plan. This is a formal process that requires court approval.
Even without a relocation clause, any significant move that interferes with the other parent’s time or custody rights requires legal modification. Moving without court approval—even with good intentions—can be seen as violating the custody order and may result in legal penalties, including loss of custody or contempt of court charges.
In shared parenting situations, both parents have legal rights and responsibilities. This means decisions about where the child lives and how parenting time is divided require joint input. Relocating under a shared parenting plan is often more complex because both parents have legal standing. If one parent wants to move and the other objects, the court must decide whether the move justifies modifying the entire arrangement.
In sole custody arrangements, the custodial parent typically has more control; however, this doesn’t mean they can relocate without providing notice or obtaining approval. The non-custodial parent still has visitation rights, and the court remains interested in preserving those rights unless there’s a compelling reason not to.
Moving without properly notifying the court and the other parent—or worse, relocating without approval after an objection—is a serious mistake. It can be interpreted as a violation of the custody order, and the court has the authority to impose penalties, including:
The court views unauthorized relocation as an attempt to interfere with the other parent’s rights and responsibilities. Even if your reasons for moving are valid, skipping the legal process can severely damage your case.
If you’re considering relocating and have custody or parenting time with your child, the best approach is to handle it the right way from the start. This means:
Relocating with your child after a divorce can be legally and emotionally challenging, especially when both parents are actively involved in the child’s life. The court’s top priority will always be the child’s well-being, not just the parent’s preference.
If you’re facing a relocation situation, whether you’re the parent planning to move or the one concerned about your child moving away, it’s important to understand your legal rights and obligations. A single misstep can have long-term consequences, from changes in custody to strained co-parenting relationships. That’s why having an experienced divorce and family law attorney by your side can make a big difference.
If you’re considering a move with your child or need to respond to a relocation notice from your ex, don’t navigate this legal process alone. I have extensive experience helping Ohio parents protect their custody rights while ensuring compliance with the law. Contact my office today for a confidential consultation and get the support you need to make informed, confident decisions for your family’s future.