Our Services

Parental Relocation

Parenting agreements are based on the circumstances when the divorce was finalized. Over time, lives change with new jobs, relationships, marriages and other opportunities that require a possible move. Some parents wish to move closer to family to have a network of support for child care and financial reasons.

At John D. Smith Co., L.P.A., our attorneys review that agreement to see if child relocation is an option when the original custody agreement seems no longer workable.

Numerous Challenges When Parents Seek To Relocate With Their Children

Parental relocation matters are legally complex and emotionally charged. Every step we take in the process is done with the best interests of the children in mind. As with their initial child custody agreement, we encourage parents to step away from any residual anger and disputes and focus on their sons and daughters.

Objections to relocations are common, requiring litigation if negotiations between the two parents fail to resolve the disputes. At trial, the court determines what is in the child's best interests in a move-away. The decision to move must be made in "good faith" and not as a means to interfere with parenting. Additional factors must be considered, including:

  • Reason for the move
  • Distance of the move
  • Proximity to extended family
  • Age of the children
  • Relationship of each parent to the children
  • Parenting history

Granting the relocation requires changes to parenting schedules. Depending on the distance of the move, extended stays over summer and winter breaks or extended school holidays may be necessary for the noncustodial parent.

Schedule An Initial Consultation

To learn more about modifications, contact a lawyer at our Springboro office. Call us at 937-557-0128 or 513-445-5017 to schedule an appointment.