Moving with Your Child in Ohio

The notice of intent to relocate in R.C. 3109.051(G), local rules, and how a move can affect custody

Researched by Dan Martin, Legal Researcher · Published by Onbello Legal

Quick answer

Under R.C. 3109.051(G)(1), a residential parent who intends to move to a residence other than the one in the parenting time order must file a notice of intent to relocate with the court that issued the order. Except in the domestic violence and abuse situations in divisions (G)(2) to (G)(4), the court sends a copy to the other parent and may schedule a hearing on whether to revise the parenting time schedule.

The notice of intent to relocate

If the residential parent intends to move to a residence other than the one specified in the parenting time order or decree, that parent must file a notice of intent to relocate with the court that issued the order (R.C. 3109.051(G)(1)).

  • Except as provided in R.C. 3109.051(G)(2) to (G)(4), the court sends a copy of the notice to the parent who is not the residential parent.
  • After receiving the notice, the court on its own motion, or on the other parent’s motion, may schedule a hearing, with notice to both parents, to decide whether it is in the child’s best interest to revise the parenting time schedule.

The uniform Form 21, Parenting Plan (amended June 24, 2024) includes a relocation notice section that tracks this statute. The uniform Form 20, Shared Parenting Plan applies the notice requirement to either parent who intends to move, which fits the rule that each parent under a shared parenting order is a residential parent unless the order says otherwise (R.C. 3109.04(L)(6)). Both forms leave a blank for the court where the notice must be filed and require written notice of changes in address and telephone number unless the court orders otherwise.

This guide is general legal information, not legal advice. Every case is different, and Ohio courts add their own local rules. Onbello is not a law firm. If you can afford an attorney, we encourage you to hire one.

When the other parent does not get a copy

When it grants parenting time, the court determines whether the parent receiving it has been convicted of or pleaded guilty to domestic violence under R.C. 2919.25 or another offense causing physical harm to a family or household member in the case, or has been found to be the perpetrator of the abuse behind an abused-child adjudication. If so, the order states that the parent will not receive copies of relocation notices, unless the court finds it in the children’s best interest to give them and makes specific written findings (R.C. 3109.051(G)(2)). A residential parent may also move the court to stop sending notices to such a parent (R.C. 3109.051(G)(4)).

Local rules and your order

The statute does not set a number of days’ notice. Your county’s local rules or your own order may set timing and other requirements, so read both before you move.

How a move can affect custody

  • Whether either parent has established, or is planning to establish, a residence outside Ohio is a best interest factor for allocating parental rights (R.C. 3109.04(F)(1)(j)) and for parenting time (R.C. 3109.051(D)(14)).
  • The distance between the parents’ homes is a parenting time factor (R.C. 3109.051(D)(2)), and geographic proximity is a shared parenting factor (R.C. 3109.04(F)(2)(d)).
  • A parent who believes a move changes what is best for the child can file a motion to modify, which is decided under the change in circumstances and best interest standard in R.C. 3109.04(E)(1)(a).

Example

Maria Lopez, the residential parent, accepts a job two counties away. She reads her county’s local rule on relocation notices, files the notice with the court that issued the order, and prepares a proposed long-distance parenting time schedule in case a hearing is scheduled.

Primary sources

Rules and forms change. Check the current version at the source before you file.

Common questions

Do I have to tell the court if I move with my child in Ohio?

If you are the residential parent and intend to move to a residence other than the one in the parenting time order, R.C. 3109.051(G)(1) requires you to file a notice of intent to relocate with the court that issued the order. Except in the situations in divisions (G)(2) to (G)(4), which involve certain domestic violence and child abuse findings, the court sends a copy to the other parent, and the court on its own motion or the other parent's motion may schedule a hearing on whether to revise the parenting time schedule. Local rules may add timing requirements.

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