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When can an Ohio parent with shared custody move away?

On Behalf of | Jan 17, 2024 | Custody |

The living arrangements for co-parents can have a major impact on Ohio custody orders. Judges consider factors including the stability of someone’s living circumstances and the distance between the parents when setting terms for parenting time if parents cannot reach mutually-agreeable arrangements without judicial intervention.

Ideally, the parents can continue to live relatively close to one another so that they can continue regularly exchanging custody. However, as people move on with their lives after a divorce, they may choose to move to a new home or start a new job. Someone with shared custody may need to relocate to obtain the best opportunities for themselves and their children. When do the Ohio family courts allow a parent to move away from where the other lives?

When the parents agree

The adults in the family can sometimes amicably agree that the relocation of one parent would benefit the entire family. They could then move forward with an uncontested modification that adjusts the residential address for the children and the division of parenting time between the adults.

When the courts approve the move

Any relocation that is more than 50 miles away or out of the state of Ohio typically requires pre-approval from the courts or the other parent. If one parent challenges the move, the adult proposing the relocation may take the matter to family court.

A judge can hear both sides of the situation and then determine what they believe would be in the best interests of the children. Provided that the move may result in improved circumstances for the children and is not a covert attempt at parental alienation, judges may authorize a parent to relocate to another state or more than 50 miles away in Ohio.

Properly presenting one’s side of the story during a relocation or move-away hearing can impact how a judge rules on the matter.