Divorce Support Forums: Relocating out of state

If you are the custodial parent and you want to move to another city with the children, Ohio law requires that you provide advance written notice to the other parent of your intention to relocate. New considerations and issues arise when each parent resides in a different city, not the least of which is the need to create a new parenting time and visitation schedule for each parent with the children. Notice to relocate must be given to the remaining spouse as well as the Child Support Enforcement Agency on any contemplated move. A move to another city reduces the amount of time that the remaining spouse can spend with the children because of the long distance that must be traveled to see the children. New and unexpected expenses will be incurred for travel expenses, including gasoline, motel, or air fare expenses, all of which must be taken into account. It may be necessary to modify the monthly child support order to accommodate the new expenses.

The court will not automatically agree with a parent that a move to a new city with the children is appropriate, as it must be shown, in the event the remaining spouse objects to the move, that the move is in the best interests of the children.

In considering what is in the best interests of the children in the relocation to another city with one of the parents, the court will examine the reasons for the move in an attempt to determine whether or not it is being done to frustrate the relationship of the remaining parent with the child. It will be necessary to consider the effect of the proposed move on the new visitation schedule that will result and whether or not the new visitation schedule will permit the continuation of a meaningful relationship between the remaining parent and the children.

The court will review the extent to which parenting time and visitation that has been exercised in the past will impact the visitation that the proposed move might have on all parties in the future. If the court determines that it is in the best interests that the children remain and not make the move to the new city with the parent desiring to move, the court can change custody to the remaining parent and then create a visitation schedule for the parent who moved away. Although it is not binding on the court, the wishes of the child with respect to such a move can be considered by the court, depending upon the age and maturity of the child who is expressing an opinion. The living conditions, the educational opportunities and the social/economic considerations of the new city can be considered by the court and compared to the child's current circumstances. The availability of the extended family and support groups in the current environment and those available in the new environment can have an impact on the court's decision.

The ability to communicate with a child who has relocated to a new city with the other parent is made much easier today because of the availability of computers, e-mail, and fax machines, not to mention the simple use of a cell-phone. Homework can be faxed back and forth and a multitude of computer games are available for parents and children to play from different locations over the Internet. E-mail allows instantaneous communication with the children. Ohio courts require that parents share all information concerning the children's school reports, grades, medical information, and especially information concerning any unusual medical conditions that require extraordinary treatment. Teachers can provide parents with e-mail addresses, allowing parents to communicate at all times with the teacher on any issues that arise concerning the child, giving instantaneous communication to both parents, all in the best interests of the child.

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Never let your sense of morals get in the way of doing what's right. Isaac Asimov