Few cases are more heartbreaking than one in which a parent wants to move out of the state with the child. The result of such a matter is, either one parent watching their child move away, or, the other parent being told that they cannot move to where they want or need to be. Because the stakes so high, these cases can involve a great deal of emotion, tension, and anxiety on both sides. Judges do not grant relocations easily as such matters can create a rift in the family. As such, it is highly important that you retain an attorney who has experience handling such issues. Our Dayton family law lawyers have over forty years of combined experience and will use this knowledge to help you in a case where someone wishes to relocate a child out of state. Contact our office to set up an initial consultation.
Dayton child relocation lawyers handling cases where a parent wishes to move out of Ohio
Ohio Courts tend to believe that a child should have both of his or her parents in their lives. Joint custody or shared parenting becomes impractical, however, when one parent is moving outside of the state. Because joint custody becomes difficult when one parent resides out of state, the parent who wishes to move must show the Court that the relocation will ultimately serve the best interests of the child. The Court will determine whether allowing the move is warranted by considering several different factors. These factors include the reason for the move, if an adequate visitation schedule can be maintained, if the move is an attempt to block the other parent’s visitation, or if the relocation request is being made in good faith. If the Court grants the relocation request, a new Order for visitation and child support will also be issued.
The first step in moving a child out of state is to file a Notice of Intent to Relocate which provides the Court and the other parent with the place to which the parent wishes to move. The parent who is not moving may file a Motion with the Court, objecting to the move. If an objection is filed, the Court will hold a hearing. There are multiple possible outcomes at this hearing. First, the Court may outright deny the request to move away. Second, the Court may grant the request on a temporary basis and schedule a trial at which a final decision will be made as to whether the move should be permanent. Finally, the Court may deny immediate permission to move, but schedule a trial to determine if such permission should be granted. Litigating such matters often involves complicated issues of fact and law. It is important that you retain an experienced attorney to assist you.
Our Dayton child relocation lawyers understand the serious nature of such situations. We will use your initial consultation to help you understand whether the Court is likely to grant your move away request. We will then file your Notice with the Court and, should the other parent object, we will attend all hearings on your behalf. After the initial hearing, we will use the discovery process to gain evidence showing that you should be permitted to move. This evidence can relate to school records and information showing that your proposed new home provides more opportunity. If an agreement is not reached with the other side, we will aggressively protect your interests at trial. Contact us today.
Experienced Dayton attorneys providing the highest levels of service in child relocation cases
Few cases put stress on a parent to the extent of a child relocation matter. Our attorneys understand that the result of a move away case will likely leave one side feeling crushed. The last thing you need in this situation is to retain a lawyer who fails to make you a priority. Our attorneys believe that everyone is entitled to respect. This is why we respond to messages in a timely manner and make sure that your needs and questions are addressed. We are honored to serve those in the Dayton area, and we promise a high level of service in each and every case we handle.
We also assist those in the southwest Ohio areas of Beavercreek, Centerville, Clayton, Eaton, Englewood, Fairborn, Franklin, Harrison Township, Huber Heights, Kettering, Oakwood, Lebanon, Miami Township, Miamisburg, Piqua, Riverside, Springboro, Springfield, Tipp City, Trotwood, Troy, Vandalia, Waynesville, Washington Township, West Carrollton, Yellow Springs, and Xenia.