In Ohio, if there has been an order allocating parental rights and giving visitation, or parenting time, to one parent, then buried within that order is statutory language which requires the residential parent to file a relocation notice with the court if he or she moves. If there is one residential parent (sole custody), then the statutory language may apply only to this parent, but the smart move is for EITHER parent to file a relocation notice with the court if they move. In addition, even though the statutory language only mentions the residential parent, many, if not most parenting plans require BOTH parents to notify the court if they move. This means that you may be court ordered to give notice, even if not required to file it with the court, but what better way to prove that you did it?
Parents who have shared parenting are both residential parents, so that means they BOTH have to notify the court when they move. If for some strange reason you have one of the few plans that only requires you to notify the court of your new address and not the other party, it is still good practice to send a copy of your relocation notice to the other party. If one parent does not know where they other lives, it causes anxiety and a tendency to want to withhold parenting time. People may employ drastic measures like calling the police. All of the drama can be avoided if you just tell the other parent your new address at the same time you tell the court.
So how do you tell the court? IN WRITING. Preferably on whatever local form the court uses, but if the court has no specific form, a letter might be acceptable. The letter should state that a copy is being sent to the other parent.
Franklin County has the following forms available to notify the court of a change in a parent’s address:
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Need some help? We would be happy to schedule a consultation with you. Please give us a call, and one of our Family Law Attorneys will meet with you to discuss your case.
Virginia Cornwell is an Ohio State Bar Association Certified Family Relations Specialist.
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S says
Mom has left the child with me who is 13 and willing to tell the judge he wants to stay and live with me. Two days ago she made him go with her to Wisconsin. No notice and i have her 3 mediation dates to settle and 3 custody hearing have passed. Two days ago she takes him. How can u get the judges attention to let them know about everything.