We are a mobile society. It’s easier to pick up and move today than it has ever been. The distance of the move is not restricted. With all the means of transportation available, it’s easy to move to the other side of the world if that’s needed or desired. And it doesn’t necessarily require a lot of planning. Go to the airport. Buy a ticket. Wave goodbye.
The biggest limitations to such activities may well come down to family ties. In the case of families of divorce in Ohio and West Virginia the durability of those ties may be based largely in the shared parenting plan that has been put in place by court order. If one parent or the other does anything to violate the terms of the plan, the legal ramifications can be huge.
That makes it crucial for parents to understand what the law allows and what processes need to be followed if a relocation of one parent or the other is being considered. Consulting an experienced attorney is the best way to get that information and to be sure that the proper steps are taken so that the rights of all parties — children, custodial parent and noncustodial parent — are protected.
Each case is different but there are a few general rules that Ohio and West Virginia parents faced with relocation issues need to keep in mind. For example, neither parent can simply relocate to another town in state or out of state without court permission. International relocation may add a whole other dimension to the case.
If the custodial parent is moving and the intent is to take the child along, a 30-day notice must be filed with the state. That gives the noncustodial parent time to object and seek relief from the court.
If the noncustodial parent doesn’t take action in a timely way, any challenge could be rejected. The court’s priority will always be to act in what it considers to be the child’s best interest.