Relocation After Divorce: How to Navigate Child Custody and Visitation

Post-divorce, relocating can be a daunting experience, especially when children are involved. Even if you made it through your initial divorce proceedings with some level of ease, when you are considering a move, there are some intricate aspects of managing custody arrangements that you must consider. So, whether you’re considering a move or already committed and looking for some clarity on custody laws in Ohio, we’ve got you covered with essential information and expert advice. 

Factors to Consider Before Relocating After Divorce 

Prioritizing your child’s well-being during a move after divorce is not just a major parental decision but also a legal obligation under Ohio’s custody laws. The state’s legal framework emphasizes the child’s best interests as the guiding principle in custody and visitation arrangements. Understanding Ohio’s specific laws and custody arrangements is crucial for parents navigating relocation post-divorce.

Ohio Revised Code Section 3109.04 outlines the factors courts consider when determining a child’s best interests. These factors include:

• The child’s relationship with each parent
• The child’s adjustment to home, school, and community
• The mental and physical health of all individuals involved
• The child’s wishes if they are of sufficient age and maturity

Since a relocation can significantly impact these factors, it is essential for parents to carefully consider in advance how a major move will affect their child’s well-being.

How Relocation After Divorce in Ohio Works

In Ohio, if one parent wishes to relocate with their child, they must provide notice to the other parent and obtain either the other parent’s consent or court approval. Ohio law requires the relocating parent to file a motion with the court, outlining the reasons for the move and how it will serve the child’s best interests. The non-relocating parent can contest the relocation and present evidence supporting their position.

Below are the basic steps involved in relocating after divorce with your child according to Ohio laws: 

• Review Custody Agreement: Examine your existing custody agreement to determine if it already addresses relocation requirements. If so, you must adhere to what was previously outlined. 
• Notify Ex-Spouse: Provide formal notice to your ex-spouse of your intent to relocate with your child.
• File Motion with the Court: If your custody agreement or Ohio law requires it, file a motion with the court seeking formal permission to relocate with your children.
• Include Detailed Plan: Present a detailed relocation plan to the court, outlining the reasons for the move and how it will serve the best interests of the child.
• Attend Court Hearings: Participate in court hearings to discuss the proposed relocation and address any concerns raised by the other parent.
• Consider Your Child’s Best Interests: Throughout the process, prioritize your child’s best interests, considering factors such as maintaining relationships with both parents and stability in your child’s life.
• Seek Legal Guidance: Consult with a family law attorney specializing in Ohio custody and relocation laws to ensure compliance and to make sure you protect your rights.
• Follow Court Orders: Abide by any court orders related to the relocation process, including visitation arrangements and communication protocols.
• Maintain Open Communication: Keep lines of communication open with your ex-spouse to facilitate cooperation and minimize conflict during the relocation process.

Healthy Co-Parenting Strategies

After a divorce, you deserve the chance to rewrite your story, no matter where that may take you. Co-parenting in a long-distance relationship presents unique challenges, but it can be successfully navigated with commitment from both parents and open, effective communication. Here are some strategies to consider:

• Establish Regular Communication: Maintain consistent communication with your co-parent and children through phone calls, video chats, emails, or messaging apps. Set a schedule for check-ins to stay updated on your child’s activities, school events, and emotional well-being.
• Utilize Technology: Technology has helped in a huge way to bridge the distance between your ex-spouse and your children. Use video calls for face-to-face interaction, share photos and videos of daily activities, and share online calendars to coordinate schedules and important events.
• Create a Parenting Plan: Develop a detailed parenting plan that outlines visitation schedules, holidays, and special occasions. Be flexible and willing to adjust the plan as needed to accommodate changes in schedules or unforeseen circumstances.
• Plan Visitation Trips: Schedule regular visits to ensure your children spend quality time with their other parent. Coordinate with your co-parent to plan visits during school breaks, holidays, and special occasions. Make the most of time together by encouraging them to plan fun activities and create lasting memories.
• Address Challenges Together: Recognize that co-parenting is hard, and adding distance to the equation can make things even harder. Work together with your co-parent to address any issues that arise, seek compromise, and be open to mutually beneficial solutions for the well-being of your children.
• Always Prioritize Your Child’s Best Interests: Keep the best interests of your children at the forefront of your co-parenting efforts. Focus on fostering a loving and supportive relationship with your children. The distance can be challenging, so it’s important to prioritize their emotional, physical, and developmental needs above all else.

Consult With an Ohio Family Lawyer Who Will Protect Your Rights

At the Law Offices of Kenneth R. Kline LLC, we understand how challenging it can be to plan for relocation after divorce. Learn your rights and let our team help you start your next chapter in the best way possible. Contact us today for a risk-free consultation.