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A Columbus Ohio Family Law Attorney on Moving and Relocation, Part 1

December 17, 2010

Ohio Family Law Attorney Custody RelocationA Columbus Ohio Family Law Lawyer article on Moving and Relocation Requirements and Restrictions.  This article applies to both in state and interstate moves.  It is the first article in a four-part series on relocation.  To view the other articles, click any of the following links: Part 2, Part 3, Part 4, Part 5

 

In Family Law, moving, or, as the Ohio Revised Code calls it, “relocation” is often problematic.  When court ordered parenting time has already been established, with few exceptions (primarily domestic violence convictions)  Ohio Revised Code 3019.051(G)(1) requires the residential parent (in shared parenting BOTH parents are the residential parent) to file a Notice of Intent to Relocate with the court if they intend to move to any residence other than the residence specified in the parenting time (visitation) or decree (shared parenting).  Once that happens, the court is required to send a notice to the other parent.  (Note, however, that the Ohio Rules of Civil Procedure require the parent filing the Notice of Intent to Relocate to serve the other parent with a copy of ALL documents filed with the court.)

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Ohio Family Law AttorneyOnce the court receives the notice it must send a copy to the other parent.  Pursuant to Ohio Revised Code 3019.051(G)(1), the court, on it’s own, MAY (but is not required to) schedule a hearing, with notice to both parents, to determine whether it is in the best interest of the child to modify the current parenting time schedule.  Even if the court does not set a hearing, the parent who is not moving can also file a motion and request a hearing to review parenting time, custody, shared parenting, school placement parent and more.

Ohio Interstate Family Law AttorneyThe amount of notice the moving parent must give is governed by the terms of the parties’ current parenting time order or shared parenting plan.  In addition, terms regarding moving may be addressed in the Local Rules of the Court which made the original parenting time order.  For example, in some counties the Local Rules mandate that  if the school placement parent moves out of the county, the other parent automatically becomes the school placement parent until further order of the court.  While that example is extreme, it helps to explain why it is important to read the local rules of your court to determine what, if any, provisions are contained regarding relocation notices.

Most courts have a form for providing notice of relocation. Franklin County’s form is less detailed than some other county forms, but it gives you an idea of what to expect. If your county does not, you could probably modify the form of another county and use that.

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DISCLAIMER Read it, it’s important!

Comments

  1. K says

    November 24, 2021 at 12:39 am

    I am still legally married to my sons father. We’ve been apart for 10 years at least (yes I know I need to file divorce papers) my question is, we moved here from NC in 2014. My sons father has had a substance abuse issue off/on since then, and left Togo to rehab in NC June of 2019. We had no contact with him for a year. He then popped back up around June or so of 2020. Meaning he’s had contact with my son, but still residing in NC. Do we both have equal rights to our son? My financial situation is not one I can just go get an attorney, file necessary paperwork, etc. it’s always been about that and the dad is not going to cooperate. We could do a dissolution as we have no financial ties/debt nothing. But he won’t agree for one second to a shared parenting plan or anything of the sort. So I’d have to file for a divorce. Please help?! I need to take care of this once and for all and know where we stand. He’s extremely controlling and manipulating. I do not want my son, 15, to be coerced into leaving with him and going out of state. His dad is not stable, and not a good environment for my son to be around. Thank so much

  2. A says

    January 5, 2021 at 5:43 pm

    I’m not on shared parenting plan the father says he doesn’t mind me moving I feel I should still have something documented so he can keep his word. Or should I not worry about it?

  3. H says

    March 11, 2017 at 12:53 pm

    I was wondering what the maximum distance to move intrastate with full custody and visitation plan in place

  4. C says

    May 14, 2016 at 9:25 am

    I have filed my intent to relocate and I haven’t heard anything. How long before I can move?

  5. M says

    March 29, 2016 at 10:58 am

    My ex husband is on his way back to prison. I have sole custody of our children. I live in Ohio. my court papers say he has supervised visitation as can be agreed upon between us with someone of my choosing due to his drug use. I filed a relocation paper with the court 45 days prior to our moving date the 45 days is up in four days can I move or do I need permission? He hasn’t filed against me to stop the move.

  6. N says

    July 22, 2015 at 9:23 pm

    I live in a different state as the other parent. Can I sue in my state, or do I have to sue for FULL custody in Ohio?

  7. Anonymous says

    March 11, 2013 at 9:37 am

    Need to know if a parent moves from one county to another and a stipulation on vistition is known but the parent did not notify the courts that they were move nor the other parent was not notified of this move and now its hard for him or her to follow the custody visition order does the other parent have the right to change it so this can work out for his or her family house hole. and how can he or she this done

  8. T says

    September 20, 2012 at 11:01 am

    My heart goes out to all the couples looking to separate. My parents separated when I was 20 and it was pretty difficult but at least now my Dad is out of an abusive relationship!

  9. Anonymous says

    May 29, 2012 at 9:58 am

    I previously had shared parenting in which myself and the other party alternated every other week. Recently I was awarded sole residential and primary custodian. I had planned to move out of town with my child to where I had received a job offer. Two weeks ago I received a subpoena in court for shared parenting again. My question is do I have to notify the court of my intent to move if I am currently the residential and legal custodian of our child?

  10. K says

    August 6, 2011 at 7:27 pm

    Hello. I read this because I am currently in a shared parenting plan. I work 45 minutes from where we live. I want to move here so that I could see my daughter more. The parenting agreement includes her not moving out of that county. But I plan to file a notice to relocate. I dont know where to begin. Her father is 8 years older than me and is smarter. I just want to be prepared before I file anything. I know i need to revise plan and have a something ready to explain why it will benefit for her. Any suggestions?

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2. The info on our site is not legal advice because we don't know the facts of your case. If you want legal advice, you must meet with a lawyer.

3. Reading this website or sending documents to us does not create an attorney-client relationship and information or documents you give us will not be kept confidential unless you call us, tell us who is involved in your case, and let us do a conflict of interest check.

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  • Appeals
  • CERTIFIED SPECIALIST – OSBA Certified Family Relations Specialist
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Recent Posts:

  • Appealing Your Ohio Family Law Judgment Entry
  • The Ohio LGBT community’s new right to marry also means the right to step-parent adoption
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  • Same Sex Divorce in Ohio: U.S. Supreme Court Strikes Down Bans on Same Sex Marriage

From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Bexley, Blacklick, Columbus, Delaware, Dublin, Gahanna, Hilliard, Lancaster, Marysville, Westerville, New Albany, Newark, Pickerington, Plain City, Powell, Upper Arlington, Worthington, Lancaster, Zanesville and more. In addition, we serve clients in all Ohio Counties, including, but not limited to: Franklin County, Delaware, Licking, Logan, Fairfield, Union, Marion, Muskingum, Pickaway, Ross, Richland, Madison, Morrow, Knox, and more.

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