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Can you object to custody relocation?

Many Ohio residents face custody terms that can teeter on the edge of agreeable. You may find yourself among this group and have to contend with custody issues due to getting a divorce or other circumstances. While you may have become used to the arrangements over time and feel that you and your children have made the most out of the circumstances and the time you have together, you may also feel somewhat concerned if the other parent broaches the subject of moving away with the children.

Custody relocation happens for a variety of reasons. The other parent may have gained employment in a new area or state or family issues may have presented themselves that require the parent to move in order to provide care for a loved one. No matter the reason for the desired move, you and the custodial parent both have legal steps to take in order for a move to occur.

Consent

In some cases, at the time the custody arrangements were drafted, the parents may have included a clause that gave express consent from the non-custodial parent to the custodial parent to move. However, you may not have given such consent, and therefore, the custodial parent must give notice to you about his or her intention to relocate. At this time, you could potentially give your consent if you desire.

Objection

If you do not want the other parent to relocate with your children, you may file a legal objection with the court. By doing so, you will begin the legal process for the court to determine whether the relocation will act in the best interests of the children. A variety of factors may go into consideration during this time, including:

  • The distance the move would put between the children and non-custodial parent
  • The reason for the move
  • The effects the move will have on the children in areas such as family connections and schooling

If the court has concerns over whether the relocation would have negative effects on the children, it could deny the request.

Reasons for relocation

The court may approve the relocation request if a good faith reason for the move exists. Reasons such as new a job offer, continuing education, family connections or better cost of living could all fall into this category.

If it appears that the custodial parent has no specific reason for wanting to move or simply wants to make custody arrangements more difficult on you, the court will likely deny the request. In order to ensure that you understand your legal rights and options, you may wish to obtain more information.

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