When a parent with custody wants to move — whether across town or across the country — Ohio law imposes specific notice requirements and, in contested cases, requires court approval. Relocation disputes are among the most difficult family law matters because they pit a parent’s legitimate desire to improve their circumstances against a child’s established relationship with the other parent. At Zukerman, Lear, Murray & Brown Co., LPA, our Cleveland child relocation attorneys represent both parents seeking to relocate and parents opposing a proposed move.
Under ORC § 3109.051(G), a residential parent who intends to move to a residence other than the one specified in the parenting order must provide written notice to the court and the other parent at least 60 days before the move — or as soon as possible if 60 days is not feasible. The notice must include the new address and the date of the intended move. Failure to provide proper notice can be treated as contempt of court and can be used against the relocating parent in a custody modification proceeding.
Notice alone is not sufficient if the non-residential parent objects. If the other parent files a motion, the court will schedule a hearing to determine whether the relocation is in the child’s best interest. The court may modify the existing custody or parenting time order in response. Factors the court considers include the reason for the move, the likely effect on the child’s relationship with the non-moving parent, the feasibility of maintaining a meaningful relationship with the non-moving parent after the move, and how the move affects the child’s overall welfare.
Ohio courts do not automatically approve or deny relocation requests. A parent relocating for a legitimate reason — a new job, proximity to family support, a new marriage — stands on stronger footing than a parent whose motive appears to be distancing the child from the other parent. Courts will scrutinize the proposed parenting schedule post-relocation: can meaningful parenting time be maintained through extended summer visits, video contact, and holiday arrangements? Our attorneys build relocation cases around the child’s best interest, not just the moving parent’s convenience.
If you believe the other parent is planning to relocate with your child without notice or court approval, emergency relief is available. Courts can issue emergency orders preventing relocation pending a hearing. Ohio is also a signatory to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which governs interstate custody disputes and prevents parents from “forum shopping” by crossing state lines.
Call (216) 696-0900 or contact us online to speak with a Cleveland child relocation attorney today.
Related: Child Custody | Custody Modification | Family Law Overview