When a Parent Wants to Relocate with a Child: What You Need to Know | Kohrman Jackson & Krantz LLP

With today’s growing globalization and mobile workforce, it’s more common than ever for individuals to move to another city, state, or even country in pursuit of a new career, education, or lifestyle opportunity. While these transitions can be exciting, they often become complex and emotionally charged when they involve the relocation of a parent who shares custody of a minor child.

If you are a parent concerned about your co-parent’s desire to relocate with your child—or if you’re considering a move yourself—it’s important to understand how relocation is treated in family law, particularly in Ohio.

What is a “Relocation” in Custody Cases?

In family law, a relocation usually refers to a move by one parent that would significantly disrupt the existing parenting time schedule. This could mean crossing state lines, or even just moving far enough within the state that it disrupts regular visitation.

In Ohio, if a custodial parent wants to relocate with the child, they are required to file a formal notice of intent to relocate with the court and serve a copy of the notice on the other parent.

When Both Parents Agree

If both parents agree to the move, the court will typically approve a modified parenting schedule that reflects the new living arrangement. Creativity and flexibility are key here.

For example, some families successfully navigate relocation by:

• Providing the non-relocating parent with extended time during school holidays and summer breaks
• Scheduling regular virtual visits via video calls
• Sharing travel responsibilities and expenses
• Using apps to coordinate scheduling and communication

These solutions can help the child maintain a strong bond with both parents, even from a distance.

When Parents Disagree: The Court Steps In

Relocation becomes more complex when the parents cannot reach an agreement on how or whether the relocation of the child will occur and the court must intervene. Judges in these situations are tasked with a delicate balancing act—one that often involves weighing two important constitutional rights:

1. The fundamental right of a parent to care for and maintain a relationship with his or her child.
2. The right of a person (including the child) to travel and seek new opportunities.

It’s important to understand that the court cannot prevent a parent from relocating on his or her own. However, the court can prohibit the relocating parent from taking the child with them. This leaves the relocating parent with a difficult decision: move without the child or forgo the relocation altogether.

How Courts in Ohio Decide Relocation Cases

There have been multiple efforts to establish uniform legal standards across the U.S. for handling relocation cases, but no single model has been adopted nationwide. While the American Academy of Matrimonial Lawyers proposed a Model Relocation Act in 1998, only a few states implemented it in a limited way.

As a result, relocation law varies widely from state to state. In Ohio, these cases are highly fact-specific and often require the relocating parent to prove that the move serves the child’s best interests.

Under Ohio Revised Code § 3109.04(F)(1), courts consider a number of factors when evaluating whether to permit a relocation, including:

• Each parent’s wishes
• The child’s adjustment to home, school, and community
• The child’s relationship with each parent, siblings, and other significant people
• The mental and physical health of all parties
• Each parent’s willingness to facilitate and encourage a close relationship between the child and the other parent
• Whether either parent has failed to comply with child support obligations
• Any history of domestic violence or abuse

Additional Factors Courts Commonly Consider

Beyond the statutory factors, courts also look at practical and relational considerations:

• Parent-Child Relationships: Ohio law strongly supports the idea that children benefit from meaningful relationships with both parents. If the move would substantially reduce the child’s time with the parent who is not relocating, the court is likely to examine the proposed relocation with heightened scrutiny.
• Reasons Behind the Move: Is the move driven by legitimate reasons such as a job offer, military service, educational advancement, or family support? Or is it intended to limit the other parent’s involvement?
• Impact on the Child: How will the move affect the child’s academic, social and medical stability? Courts assess whether the change will benefit or harm the child’s overall development.
• Practicality of a New Parenting Schedule: Will the new parenting time schedule be practical and equitable for both parents and the child, taking into account travel costs and logistics?
• Child’s Input (When Appropriate): If the child is sufficiently mature to express a reasoned opinion, the court may give that input some weight—though it is never the sole factor in the decision.

It’s important to note that even two judges in the same courthouse could view the same facts differently. Family law decisions, especially in the context of relocation, are often highly fact-specific and subjective.

International Relocation and Unlawful Removal

Parents should never relocate across state lines or internationally with a child without fully understanding the legal ramifications. Removing a child without the permission of the child’s other parent can result in serious civil and criminal consequences, including loss of custody or criminal charges for parental kidnapping.

These cases will often involve complex legal instruments such as:

Practical Tips for Parents Facing Relocation Issues

Relocation cases are among the most challenging in family law. Whether you’re planning a move or opposing one, it’s important to act thoughtfully and with legal support.

An experienced family law attorney can help you:

• Understand your current legal rights and responsibilities, including under your parenting plan, if one exists
• Comply with notice and filing requirements
• Prepare a strong case to support or oppose relocation
• Craft a workable alternative parenting plan if necessary
• Represent your interests in court, if the matter becomes contested.

By understanding your rights and the factors courts consider, you can better protect your relationship with your child and navigate the path ahead.

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