Many people move after a divorce hoping for a fresh start. One parent will move closer to family while the other may start traveling the world to reflect on the current developments in their life. While it is understandable for these parents to want to leave Ohio, the process is not as simple as it looks.
While the pain and hurt can be more severe in the first few weeks or months after the divorce, the former spouses cannot just pack and leave if there are children involved because that can lead to serious legal issues.
Key things parents should know
Before you move out of state (or within), you need to know the legal way to do so. Here are some things to keep in mind:
- You need a court approval: Normally, the court reviews your request to move and grants approval before you can plan your move.
- Notice rules apply: Ohio law requires parents to file a “Notice of Intent to Relocate” with the court that issued the original custody order. They then notify the former spouse and, depending on several factors, call for another hearing.
- Custody and visitation may change: A move disrupts any parenting or visitation arrangements. If it significantly interferes with any prior agreement, the court may modify the custody order to protect the child’s relationship with both parents and ensure an equal chance of bonding with the child.
- The child’s best interests come first, always: As a parent, make decisions with your child’s welfare in mind. Your needs only come second because your child needs stability and moving is often hard on them.
- Out-of-state moves are stricter: Relocating within Ohio is easier, but the move will still be assessed as much as an out-of-state move. Judges know how pulling a child away from familiar comforts greatly affects their well-being.
It is important to understand that relocating without taking the proper steps could lead to legal trouble. Awareness of your responsibilities can help avoid conflict with your former spouse and the law.
Make the move legally
Leaving that safe and familiar place you built your dreams on is not easy, but you can do it. Just make sure you are not in violation of a court order before you act, otherwise it may trigger a court action which can further stress your child out. Consult a family law attorney to avoid mistakes and start your move without fear and hesitation.