Divorce inspires a cascade of lifestyle changes for everyone in the family. It is common for one or both spouses to move to a new residence during or after divorce proceedings. Children have to adjust to regularly moving between the houses of their parents.
The overall standard of living that everyone enjoys may drop noticeably because it costs more to maintain two independent households than it does to combine resources and live together. Parents who share custody often start rebuilding as soon as the divorce is over. They may look for new jobs, start dating again or save to upgrade their living arrangements. Eventually, a parent who shares custody in Ohio may want to relocate to a different primary residence. Can they simply move with the children when an opportunity presents itself?
Parental relocations require pre-approval
The parent who has more time with the children is the residential parent. They have an obligation to notify the courts if they intend to relocate. The courts then send appropriate notice to the other parent of the children.
Depending on the response of the other parent, the courts can potentially require a hearing or approve an agreed-upon custody modification. If the other parent disagrees with or challenges the proposed relocation, the parents may need to attend a hearing in front of a judge.
At that hearing, they need to discuss the impact that the move might have on the family and how to update the parenting arrangements to reflect those changes. Judges always try to make a choice that is in the best interests of the children.
In cases where the move seems unnecessary, malicious, unfavorable or likely to damage the parent-child relationship, the courts may decide that the other parent should become the residential parent. Other times, the courts may grant approval for the residential parent to relocate with the children. The judge can make multiple changes to the overall division of parenting time to reflect that new living arrangement.
Parents can sometimes avoid conflict by discussing a potential move and negotiating child custody arrangements directly with one another and their respective legal teams. Those who understand the rules for modifying custody in Ohio can use that information to plan for big upcoming changes for their families in informed ways, no matter what.