What actions need to be taken before moving my child out of state?

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What actions need to be taken before moving my child out of state?

I am the custodial parent of my child. The divorce decree states current visitation rights of the father. Also, is there a long distance visitation example schedule? I don’t know where to start.

Asked on July 22, 2011 Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

When a custodial parent intends to move out of state (or out of the county), they must file a notice of intent to relocate with the court. The court will notify the non-custodial parent of the move unless certain circumstances show that notification is not in the best interest of the child (such as a record of abuse, violence or a lack of interest in the welfare of the child, etc).

The non-custodial parent has the right to request a hearing to stop the out-of-state move. If a hearing is scheduled the court will determine if the move is in the best interest of the child. If the custodial parent is moving for no purposeful reason, the court will most likely deny the move. However, if the custodial parent must re-locate for work, to be near an elderly parent, to have better access to medical facilities for a sick child, or the like the court is more likely to grant the move.

In making it decision it will look at the child's involvement with their school/community, the non-custodial parent's involvement with the child, the relationship of the child has with other relatives, and the status of child support payments. The court may even question the children to see how they feel about the move.


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