Gregg R. Lewis

Trusted Family Law

Services In Columbus

Gregg R. Lewis
Trusted Family Law Services In Columbus

Can parents move with children if there is a custody order?

| Jul 1, 2020 | Child Custody |

Throughout life in Ohio circumstances can change over time. As circumstances change people may need to move from where they currently live as a result. People may have their families grow, get a new job or be relocated within their company, simply need or want more space and move for other reasons as well. When people need to move there are many factors that determine what state or city they will move to as well as where within a particular city that they will move to.

If the people moving have children, there are even more factors they will have to consider, especially if they have children with an ex-spouse who has shared custody and/or parenting time with their children. In these situations, the parent seeking to relocate must first notify the other parent and also file the notification with the court. If the other parent objects to the relocation, there will be a hearing on the issue and the judge will decide whether to allow the move based on what is in the best interests of the children.

In making this decision judges will analyze a number of factors including, but not limited to:

  • How far away the parents will be from each other after the move
  • The child’s relationship with each parent
  • Each parent’s ability to and willingness to encourage a relationship with the other parent
  • Whether one parent has willfully denied parenting time in the past
  • The children’s establishment in their current school, community and schedules
  • The wishes of the child if they are mature enough to voice their preferences
  • The reason the parent is moving and if it will benefit the children

There are other factors that judges will analyze as well, but ultimately the decision will be based on the children’s needs and not necessarily what is best for the parents. If the parent is allowed to move, the parents or judge will then have to modify the parenting time schedule as well if the current one is no longer feasible given the distance between the parents.

There are many reasons that parents in Ohio decide to move. There are often times good reasons for the move, but it is important that the move will not harm the child’s relationship with the other parent. The relationship between the children and the non-moving parent may be more important than the reasons for the move. Experienced attorneys understand this complex decision and may be able to guide one through the process.