What to Consider When One Co-Parent Wants to Relocate

If you have entered into a shared parenting agreement as part of your divorce or child custody proceedings, then you know that any changes that affect either parent’s ability to hold to that agreement need to be taken very seriously. One situation that parents could face is that their co-parent decides to relocate. This could be a non-issue, but it could also pose a real difficulty for both parents to exercise their shared parenting rights. 

At the Law Offices Of Cara L. Santosuosso, LLC, our skilled collaborative divorce lawyers understand what you are up against, and they are here to help. In the end, everything comes back to what is best for your children, and we are ready to advocate for you and your family.

Relocation And Shared Parenting

In Ohio, it is common for both parents to share parenting time and parental rights and responsibilities after divorce. Courts typically try to ensure that both parents have as much time with their child(ren) as is possible. That said, school does take up a lot of time during the months it is in session, and, following divorce, if both parents do not live within the geographic area for the preferred school, then the parent that does is likely to be labeled as the "residential parent,” strictly for school purposes. This parent is by default the primary personal caregiver who has their child with them through the week during the school year.

However, a residential parent may want or feel the need to relocate for many reasons. They may have health concerns that could be eased by a different climate or closer proximity to a medical provider, or perhaps they have received a lucrative job offer that requires relocation to another county or state. An aging grandparent or other family member could need regular assistance, or a lower cost of living may make a move necessary. Whatever the parent’s reason for relocating, it goes without saying that a move can have an undeniable effect on the other parent and child alike. 

Moving a child away from their other parent means that it could take far longer to travel back and forth after pickups, which can reduce the time spent doing enjoyable things together. Extra time and resources expended by the parent can also cause more stress, which can negatively affect their relationship with their child. As for the child, taking them out of a supportive and engaged school or religious community or network of extended family members could very well threaten their growth and development.

On the other hand, there are some cases in which it is determined, by a judge, to most certainly be in a child’s best interest to relocate with the residential parent. These will vary by case.

Relocation And The Court

An Ohio parent who is planning to relocate and is the primary residential parent is required to file a Notice of Intent to Relocate at the court where they finalized their shared parenting plan. The other parent must also be notified of the planned relocation. The court will likely schedule a hearing to address the situation and entertain changes to the parenting agreement in light of the proposed relocation. If the court does not take any action, the notified parent has the right to request a hearing.

The relocating parent will need to prove to the court that this move is based on a legitimate reason or end goal. The court may allow for the relocation, but enact a new shared parenting schedule. However, the court may side against the relocation. If the relocating parent plans to move anyway, the court could prevent the child(ren) from moving, which could lead the parent to cancel the move. This could ultimately lead to a new custody order. Either way, a new shared parenting plan will likely be in order. There is also the opportunity for compromise, in which the relocating parent is permitted to move, but the shared parenting plan is amended to allow for the increased time and cost involved in visitation over a longer distance. 

Within reason, the court will do whatever it can to preserve stability and a nurturing environment for child(ren). “Best interest” is a legal requirement that the court has to hold to, so a judge will carefully consider factors such as a child’s relationship with their parents, how a move will impact their education and community life, the stability of their living environment, the details surrounding the motivation for the move, and the relocating parent’s cooperation.

Failure to follow established protocol can result in penalties from the court, and may even lead to intervention by the court, in the form of ordering both the parent and child(ren) back to the state of origin. Stricter limits on visitation can result, and things may even go so far as granting primary custody to the other parent.

Modifying Shared Parenting Arrangements

Your child’s other parent or the court should have sent you legal notice about the relocation if it meets certain criteria. In Ohio, a parent who plans to move more than 50 miles away from their current residence is required to provide written notice at least 60 days prior. 

If you are a co-parent and you receive word that your child and their other parent intend to relocate, resist the urge to panic. Carefully read the notice and share the details with a trusted child custody attorney to ensure that your rights are not threatened. They will be able to advise you on next steps, such as requesting a modification from the court. Not all relocations will necessitate big changes, and with some small adjustments to routines, the same basic schedules may still be sustainable. However, if you feel that your time with your child will be negatively impacted by a relocation, get in touch with your Cleveland divorce attorney right away so that they can get the court process started sooner rather than later.

When a parent decides to relocate, and a court approves it, the other parent may appeal to the court for a modification in the shared parenting arrangements. The parent filing for modification will need to prove that the move will cause significant upset and threaten their time with their child as a reason for a modification. They may also opt to prove to the court that this move is being made for an illegitimate reason, or that it will not be in the best interest of their child. 

A relocation can have a significant impact on transportation time and effort, established visitation schedules, and a child’s school and activity routines. The court always has the parent-child relationship as a top priority, so even in the event of relocation on the part of the primary residential parent, a judge will strive to ensure that both parents maintain equitable access to their child. This helps to provide a stable environment for their child, which is pivotal to their growth and development, and is at the heart of every child custody decision.

Your Trusted Child Custody Attorney In Cleveland, Ohio

Relocation can be a fraught and complicated process. The parent who is left behind is best served by working with an experienced child custody attorney. At the Law Offices Of Cara L. Santosuosso, LLC, we advocate for you and your parental rights. Get in touch with us today to learn more about our services and experience.