Nancy L. Sponseller

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What happens if a parent wants to move to another state?

On behalf of Law Office of Nancy L. Sponseller posted on Sunday, November 16, 2014.

Parents in Ohio may benefit from learning more about the laws governing the options available when the child’s custodial parent wants to move to another state. If the custodial parent intends to move to an area not specified in the parenting plan, they are required to provide the presiding court with notice of their intent to relocate. The court is then responsible for sending notice to the noncustodial parent.

The noncustodial parent or the courts may motion for a formal hearing that evaluates what is in the best interest of the child. The motion may also be granted to provide an opportunity for modifying the visitation or parenting time already scheduled. When evaluating the parenting time designated for the noncustodial parent, courts may consider whether the parent has been convicted guilty of any offenses involving a member of the household who is the subject of the proceedings.

When providing notice of relocation, courts may also consider whether any record of physical harm or abuse involving the noncustodial parent exists in the past. If it’s determined that the noncustodial parent was involved with abusive or criminal behavior, they may be denied any notice of relocation as well as any more parenting time with the child. Unless it’s not in the best interest of the child, the noncustodial parent is entitled to the same rights and access to the child’s records as the residential parent.

People who need assistance with negotiating the terms of their parenting plan may benefit from meeting with a family lawyer. Legal counsel might be effective in developing strategies that can help minimize the ongoing conflict between disputing parties. A lawyer may serve as an effective intermediary for negotiating more contentious issues, including various aspects of the parenting plan, such as the visitation schedule, custody rights and child support.

Source: Ohio Laws and Rules, “3109.051 Parenting time – companionship or visitation rights.“, November 13, 2014