Moving and Relocation

Columbus Ohio Family Law Attorney on Moving and Relocation Part 5: Jurisdiction

December 23, 2010

A Columbus Ohio Family Law Attorney article on Moving or Relocation.

This article is the fifth in a series about moving and how it relates to Ohio child custody, shared parenting and visitation. To read the first four articles in this series, see

Part 1, Part 2, Part 3, Part 4

Sometimes, parents want to move because they think that in a different location, with a different judge, they will get a different decision with regard to their children. This happened so often, and for so many years, that most states have adopted the Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA, as law. In Ohio, it is adopted as Ohio Revised Code Chapter 3127. Essentially, the UCCJEA says that once a state that rightfully had jurisdiction under the UCCJEA makes a custody order, that state retains jurisdiction until all of the parties (mother, father and child, or who ever had rights pursuant to the child custody order) has left the State which issued the order.

While the issuing state has the option to decline to exercise its right to maintain jurisdiction, to do so defies the provisions that the UCCJEA specifically requires. It does not happen very often, and for good reason. The UCCJEA is a treatise that is adopted in most states as law, in order that state law can comply with the federal law on the subject, which is the Parental Kidnapping Prevention Act, or PKPA. To learn more about the UCCJEA and the PKPA, see these articles or consult with a Columbus Ohio Family Law Attorney:

https://cornwell-law.com/06/interstate-family-law-jurisdiction-attorney-series-part-i/

https://cornwell-law.com/10/10-things-you-need-to-know-about-interstate-custody-jurisdiction/

Ohio Revised Code Chapter 3127 allows a person who moves to Ohio to register a decree from another state for purposes of enforcement. That is a very different thing that granting an Ohio court jurisdiction to MODIFY the order.

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Moving or Relocation in Ohio Custody, Shared Parenting and Visitation Cases, Part 4

December 22, 2010

A Columbus Ohio Relocation Attorney article on Moving or Relocation.

This article is the fourth in a series about moving and how it relates to Ohio child custody, shared parenting and visitation. To read the other articles in this series, see

Part 1, Part 2, Part 3, Part 5

For purposes of this article, assume that moving parent and the non-moving parent have gone through the stages in the first three articles on this topic, and one or both parents have decided to go to court to seek a change of custody, shared parenting, or the school placement parent in a shared parenting plan. Ohio Revised Code 3109.04 requires a court find that there has been a change in circumstances before making this modification. In addition, the change cannot be a slight change; it must be a change of substance. See Davis v. Flickinger.

Pursuant to ORC 3109.04(E) the court must find that:

…a change has occurred in the circumstances of the Child, the Child’s residential parent, or either of the parents subject to a shared parenting decree, and that the modification is necessary to serve the best interest of the Child. In applying these standards, the Court shall retain the residential parent designated by the prior decree or the prior shared parenting decree, unless a modification is in the best interest of the Child and one of the following applies:

(i) The residential parent agrees to a change in the designation of residential parent, or both parents, under a shared parenting decree, agree to a change in the designation of residential parent.

(ii) The Child, with the consent of the residential parent or of both parents under a shared parenting decree, has been integrated into the family of the person seeking to become the residential parent.

(iii) The harm likely to be caused by a change of environment is outweighed by the advantages of the change of environment to the Child.

The Ohio Supreme Court, in MASTERS V. MASTERS 69 Ohio St.3d 83, found that a trial court abuses its discretion when it modifies custody based solely upon evidence that the residential parent intends to leave the State of Ohio with the Child. Many cases since have found that a move, in and of itself, does not constitute a change of circumstances. However, there are also many cases that have found circumstances attendant to a move which, combined with the move itself, may constitute a change of circumstances.

DISCLAIMER

Moves and Relocation: How does it affect your Ohio custody, parenting time or shared parenting? Part 3

December 21, 2010

A Columbus Ohio Family Law Lawyer article on Moving or Relocation.

This article is the third in a series about moving and how it relates to Ohio child custody, shared parenting and visitation. To read the other articles in this series, see

Part 1, Part 2, Part 4, Part 5

In situations where court ordered parenting time has already been established, and the residential parent or the school placement parent intends to move, the first issue that must be addressed is notice to the other parent. See https://cornwell-law.com/12/a-columbus-ohio-family-law-attorney-on-moving-and-relocation-part-1 for information regarding notice of a move.

Once issues of notice have been properly taken care of, the next question becomes – what does this mean for your parenting order? Are changes needed? If so, what are they?

If the parents can agree regarding the appropriate changes to their parenting plan, if any, then the parties can submit appropriate paperwork to the Court to modify their parenting orders. But what if the parties cannot agree? If parties cannot reach an agreement on their own, if they wish, they may request the help of a mediator to reach agreement. In addition, the Local Rules of your court or the terms of your parenting order or shared parenting plan may require you to attempt mediation before filing a motion with the Court.

If the move is imminent, and you believe time is of the essence to make sure that your Child is not permanently removed from the State, you may need to seek an Ex Parte Temporary Restraining Order.

If the non-moving parent is unable to reach agreement with the moving parent regarding moving the Child and/or the revised terms that should be in the parenting order, then the non-moving parent is left with two choices:

Do nothing and hope that the other party will allow you reasonable access to your Child from the new location. If you do this, your court ordered access remains the same as your prior order, although it may now be difficult and expensive to follow it. Or,
File a motion with the Court to change your custody, shared parenting, school placement parent, or parenting time. In addition, you may wish to file a motion to modify child support to accommodate the travel expenses that are now involved in visitation.

Before an Ohio court can modify custody, terminate shared parenting, or change the school placement parent, Ohio Revised Code 3109.04 requires that the Court must first find there has been a change in circumstances. See Supreme Court cases Fisher v. Hasenjager, 116 Ohio St.3d 53, 2007-Ohio-5589 and Davis v. Flickinger.

DISCLAIMER

Columbus Ohio Family Law Attorney on Moving or Relocating in the context of Ohio Child Custody, Shared Parenting or Visitation, Part 2.

December 20, 2010

A Columbus Ohio Family Law Attorney article on Moving or Relocation.

This article is the second in a series about moving and how it relates to Ohio child custody, shared parenting and visitation. To read the other articles in this series, see

Part 1, Part 3, Part 4, Part 5

In situations where court ordered parenting time has been established, and the residential parent wants to move, pursuant to Ohio Revised Code 3019.051(G)(1), the other parent is entitled to notice of the move and, if requested or ordered by the court, a hearing. These notice provisions apply REGARDLESS of whether the non-residential or non-moving parent contests the move.

A parent has a fundamental right to live where he or she wants to live, BUT they do not have a fundamental right to permanently relocate the child in violation of the Ohio Revised Code or the parties’ court order.

Depending on the language of your court order and/or the language in the Local Rules of the court who issued the order, simply moving a certain distance away MAY automatically trigger a change in the ,custody, shared parenting, school placement parent, parenting time or other provisions of your parenting order.

Ohio Revised Code 3109.04(F)(1)(j) specifically requires a court to consider whether either parent has established a residence, or is planning to establish a residence, outside this state when determining the best interest of the child.

In addition, pursuant to Ohio Revised Code 3109.04(F)(2) when determining whether shared parenting is still in the best interest of the child the court must consider,

The geographic proximity of the parents to each other, as the proximity relates to the practical considerations of shared parenting;

Ohio Revised Code 3019.051 requires a court to consider

The geographical location of the residence of each parent and the distance between those residences, and if the person is not a parent, the geographical location of that person’s residence and the distance between that person’s residence and the child’s residence;
Whether either parent has established a residence or is planning to establish a residence outside this state;

Sometimes parents want to move for legitimate reasons, and sometimes they want to move to thwart the other parent’s access to the child. Regardless of the reason for the move, if the move creates additional distance between the child and the other parent, the move IS going to have an impact on the parenting time of the non-moving parent. The question is, how much of an impact, and does the non-moving parent object?

If the non-moving parent believes that the impact upon their parenting time and relationship with the child is significant, he or she may wish to modify custody, shared parenting, or the school placement parent in a shared parenting plan. At a minimum, the parties will need to consider whether a new parenting time schedule is appropriate.

DISCLAIMER

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

December 17, 2010

A 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 Attorney Once 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 Attorney The 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!