The laws governing divorce decrees are different in every state. Of course, you have the right to move wherever you choose after you finalize your divorce unless you and your ex-spouse have children and a custody agreement. Understanding your parental rights, especially if you are a non-custodial parent, is important.
In Ohio, if one parent attempts to leave the state with their children without the other parent's knowledge or permission from the court, it is considered parental kidnapping. It’s not just a state felony offense, but it violates the federal Parental Kidnapping Prevention Act.
The primary custodial parent must file a notice with the court if they intend to move. In addition to keeping the court notified of any address change, it also allows the court to notify the other parent so that the other parent may object to the relocation or request a modification to the custody agreement. The court will hear both sides of the argument and make any modifications to the original custody agreement that it deems necessary to ensure the safety and well-being of the child(ren).
The court may deny the request to relocate if the other parent has documentation that the move intends to restrict access to the children. However, suppose the custodial parent makes the relocation request because they have the opportunity for a better job or other justifiable reason. In that case, the court will likely grant the request, even upon objection by the other parent.
Divorces involving children can be even more complicated. If you feel your parental rights are being violated, it is highly advisable to consult a child custody attorney. Having experienced representation in these cases is paramount to a fair outcome.
The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to
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