A parent with sole custody can usually move with the children as they wish. In this situation, the burden is on the non-custodial parent to file an action with the proper court to potentially stop the move. The non-custodial parent must be prepared to provide that a change of custody is necessary to serve the best interests of the children.
The decision to move grows even more complex when a court has previously made a child custody order. When a child custody agreement is in place with the court, any major changes to the child's living situation may be subject to court approval. Decisions about who gets custody, what type of custody, visitation schedules, child support and relocation are delicate matters and require consideration of what is in the best interests of the children involved.
R.C. 3109.051(G) requires a previously designated residential parent to file a notice of intent to relocate with the court from which the custody order was made before moving. Upon motion of the court or an objection made by the non-residential parent, the court will schedule a hearing on the matter to discuss child custody and relocation issues.
At a relocation hearing, the court will take evidence and testimony from both parents and other witnesses. The court considers a range of factors, including but not limited to:
Even so, the court will be more likely to modify the custody order to account for the move, if the court finds that the modification is in the best interests of the child. Such a modification may include changes to the visitation schedule already in place, or even changing the custody arrangements altogether.
Without a skilled attorney by your side, relocation can be stressful and complicated. Help the proceedings move along smoothly by scheduling a consultation at the Law Office of Dmitriy Borshchak in Columbus, OH today by calling 614-334-68551.