Areas Of Practice > Divorce and Family Law Matters > Relocation Proceedings

Relocation Proceedings

Relocation is defined as "to move to a new location". Years ago, if you or your spouse was the residential parent and legal custodian of the minor child or children of the marriage, there were no Court restrictions, and the custodial parent could literally move or relocate "at will". The minor child or children of the marriage or of the relationship could be relocated without Court proceedings. Times have changed significantly. The Standard Order of Parenting Time for the Montgomery County Domestic Relations Court (Item 18) states as follows:

"Neither parent shall relocate the children out of state without first obtaining a modified non-residential parenting time order. The parties may submit an Agreed Order modifying parenting time, with a provision for allocation of transportation expenses, to the Court for adoption by this Court as an Order. If the parents are unable to agree, the moving parent shall, PRIOR TO RELOCATION: (1) file a motion asking the Court to modify the parenting time schedule, (2) set a hearing, and (3) obtain a modified parenting time order. No continuances of the hearing will be granted without written permission of the assigned Judge."

What exactly does this language mean if you are the parent who has plans to relocate from Dayton, Ohio, to another state? You are responsible for advising your former spouse of your intent or plan to relocate and to ask him or her if he/she would agree to a modification to the present parenting time schedule. For example, if you live in Beavercreek, Ohio, and your former spouse lives in Kettering, Ohio, the former spouse may have alternate weekend visitation along with mid-week visitation with the child or children. But, if you are planning to relocate to Atlanta, Georgia, or Orlando, Florida, the visitation set forth above would not be feasible due to the distance between the two cities.

What visitation schedule is followed or ordered if the parties live in different states? The answer will vary depending upon many factors, to include the following:

What will be the driving distance between the two (2) homes after the relocation?
If the driving time is too lengthy as to be prohibitive, are the children old enough to fly without supervision? Or, would the child or children need to have a supervisor of visitation to accompany him or her or them on trips to and from the home of the non-custodial parent?
Are there adequate funds available to pay for costly transportation by airplane, train, or bus? Could relatives, such as Grandparents, assist with transportation of the child/children?
How do you address transportation expenses if the custodial parent moves out of the country? This may happen in our geographical area if an active duty USAF member stationed at Wright-Patterson Air Force Base ("WPAFB") is given orders to relocate to another area of this country or to a country outside the United States.

A "normal" out-of-state visitation schedule appears as follows:

One week during the Christmas Break from school.
Every other Spring Break.
Five to six weeks of visitation during the Summer Break.
One weekend per month at the city of the residential parent with costs borne by the non-residential parent. This provision assumes the non-residential parent shall drive or fly to the "new" city/state of the residential parent to have visitation with the minor child or children. The non-residential parent would be responsible for finding and paying for a local motel, food and entertainment expenses for the weekend, etc.
Regular and consistent telephone conversations between the non-custodial parent and the child/children.

And, while the Court encourages parents to reach agreement by the filing of an Agreed Entry or Order modifying the parenting time schedule, if the parties cannot agree to same, the Court will hear a parent's Motion to Modify Visitation Due to a Substantial Change in Circumstances (a "relocation" of one party) via an evidentiary hearing before the Court. If the relocation is being contested by the non-residential parent, it may be necessary to have a Guardian ad Litem appointed to meet the parties and the minor children to help the Court to determine whether or not the relocation should be sanctioned or opposed by the Court. While the Court cannot prevent a parent from relocating from this geographical area, the Court can decide if it would be in the best interests of the minor child or children for him/her/them to remain in this geographical area with the non-residential parent.

In 2007, recognizing the need for the public to have around-the-clock access to valuable Ohio divorce and family law information, we started publishing the Ohio Family Law Blog. Our attorneys are very passionate about family law issues. That fact is apparent if you take a bit of time reading their blog articles. We have posted articles on a wide variety of family law topics, including ones on the subject of out-of-state relocation.

If you are on either side of a relocation situation, be sure early on to obtain the advice of an experienced family law attorney. Our lawyers at Holzfaster, Cecil, McKnight & Mues have handled hundreds of these cases. If you have family law questions or wish to discuss your situation with us, please call our office at (937) 293-2141 to schedule an appointment. Or, click here if you wish to contact us online. We also have an emergency phone number, (937) 760-4357, which is answered by one of our lawyers around-the-clock!

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