Representing Your Interests in a Relocation Dispute
One of the fears that many parents have is that the other parent will move out of the state and take the child with him or her. At the law firm of Sowald Sowald Anderson & Hawley in Columbus, Ohio, our lawyers are experienced in representing parents who wish to relocate as well as parents who are opposed to the move.
Can My Spouse Move My Children Out of Ohio?
If one parent has sole custody, that parent is not restricted from moving out of the state with the children, unless there is specific language about that in the existing custody order. The same is true for parents that have shared parenting. However, until the existing court order is changed the parenting time/visitation schedule remains in effect and the moving parent is subject to sanctions from the court if their move interferes with the other parent's time. If a parent with sole custody wants to move out of Ohio with the children, it typically becomes the burden of the other parent file an action with the court and prove that a change of custody necessary and is in the children's best interest. If the parents have shared parenting, a change of the custody may not be necessary, but the shared parenting plan may need to be modified to adjust the parenting schedule and the school placement parent designation.
What Can I Do if a Former Spouse Plans to Relocate?
If you find out that the other parent is planning to relocate with your children, it is important to take legal action as soon as possible. After the children have been moved, the legal process of trying to get them back can be very difficult, since once your children are established in a new community, the court may decide it is in the best interests of your children to stay in the new community. If legal action is initiated before the children are moved, the court will usually grant a restraining order to prevent the children from being moved until the parties can agree on a change of custody and/or parenting schedule or until the court can hear and decide the case.
If the court does not approve the relocation, child custody can be changed. If a child is allowed to relocate, the parenting time schedule of the parent with visitation can be changed. Child support payments can be changed to reflect the greater costs of visiting your child.
Schedule a Relocation Consultation With One of Our Attorneys
To schedule a consultation about relocation and child custody with a lawyer at Sowald Sowald Anderson & Hawley, call 888-609-8912 or fill out the contact form on this Web site. Our law office is located on Fifth Street in downtown Columbus.