You have a custody agreement. Your kids are settled into their school, their routines, their lives – and so are you. Then your ex announces they want to move.
Suddenly, the stability you built around your children feels like it could disappear without your consent. Here’s what Ohio law actually says.
Your Ex Can’t Just Leave With the Kids
If a court-ordered custody or shared parenting arrangement is in place, a parent cannot relocate with the children without either your written consent or a court order approving the move.
Under Ohio Revised Code §3109.051, the relocating parent must provide written notice to both you and the court before the move. You have the right to object – and if you do, the court must schedule a hearing.
What Will the Court Consider?
Ohio judges don’t automatically favor the parent who wants to stay or the one who wants to go. Everything comes back to the best interests of the child. A judge will look at the reason for the move, your history of involvement in your child’s life, the impact on the child’s school and relationships, and whether a modified schedule could still protect your parenting time.
What If My Ex Moves Without Telling Me?
That’s a serious violation of your custody order. You can file an emergency motion, and a judge may order the children returned to Ohio while the matter is resolved. An unauthorized move can also significantly damage your ex’s standing with the court. Time matters – act quickly.
Do I Have to Move Too?
No. Ohio cannot force you to relocate. If the court approves the move, your parenting schedule will be restructured to account for the distance. Some parents in this situation also choose to petition for a custody modification, arguing the child is better served living primarily with the parent who is staying.
If your ex is threatening to move your children away from you, don’t wait. Contact Juliette Gaffney Dame in Lebanon, Ohio to schedule a consultation.