Custody Notice of Intent to Relocate - Ohio - Edit, Fill, Sign Online

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CUSTODY

NOTICE OF INTENT TO RELOCATE

INSTRUCTIONS

Attached is a form informing the Court that you, the custodial parent, are moving.

These instructions are intended to be a general guide to help you get the forms filled out, filed

with the Court, and properly before the Judge. These instructions are not intended to be a legal

analysis of your request or advice as to whether you should win your request. They are merely to

assist you in preparing and presenting your request.

WARNING

It may be very difficult for you to relocate if you are doing so for the wrong reasons. You cannot

move simply to prevent the non-custodial parent from having parenting time.

THERE MAY BE A HEARING. DO NOT MOVE UNTIL YOU HAVE THE COURT’S

PERMISSION

If you wish to move from the address stated in your custody papers or the address which you

had when you were last in court, O.R.C. Section 3109.051(G) requires that you must give notice of

your intent to relocate to the non-custodial parent, the court which issued the order, and the Child

Support Enforcement Agency PRIOR to your relocation. The form for that purpose follows. You

must file the original with the court and send copies to the other parent and CSEA. You should do

this before you relocate. Keep a copy for yourself.

You must have a good reason to move if there will be a change in parenting time access.

Changing jobs or moving to help an ill family member may be good enough reasons; moving to

disrupt visitation, is not. It may be a good idea to talk to the non-custodial parent to see whether he

or she agrees to your move. If the move is okay with them, you should indicate that on the enclosed

form. If not, you may have to have a hearing.

On receipt of the notice, the Court, on its own motion or on the motion of the non-custodial

parent, may schedule a hearing with notice to both parents to decide whether the best interest of the

child(ren) has changed due to the change in residence. If old enough, the court may interview the

child(ren) to determine his/her feelings about the move.

The Court or the non-custodial parent may oppose your relocating. If there is a fight, the

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court will schedule a hearing about your moving. The court will determine if the move is in the

child(ren’s) best interests. If the non-custodial parent should fight for custody, you may want to

contact an attorney. Remember that Ohio retains jurisdiction of custody matters, and a new court

may not be able to determine custody.

A. FILLING OUT THE FORM - TYPEWRITTEN OR IN INK

1. You should fill out the forms before you go to the Court to file them. Other than telling you

the time and date of the hearing and telling you the proper case number, the Court Clerk’s

staff will not help you complete the form.

2. Notice of Intent to Relocate - Fill in the name of the county and court division (i.e.,

Juvenile, Domestic Relations). Fill in the name, address, telephone number, and birth date

for you and the other party. If you were the Plaintiff before, you are still the Plaintiff. Fill

in the case number. If you do not have the case number, you can get it from the Clerk of

Courts when you go to file the Notice.

You must have a valid address to mail the form to the other party.

In paragraph one, circle Plaintiff or Defendant and his or her, whichever apply. Then, fill in

the blanks. Sign, and fill in your address.

In paragraph two, put the reasons you want or need to move.

Under Certificate of Service, put in the name and address for the non-custodial parent.

Sign, and circle Plaintiff or Defendant, whichever apply.

5. Make five (5) copies. Three of the copies will be filed with your original, one you will mail

to the other party, and one you will mail to the Child Support Division of your County

Department of Job and Family Services.

B. FILING THE NOTICE

1. After the form is filled out and copied, take it to the Clerk of Court’s office to be filed.

2. When you file your Notice, the Clerk's office staff will take the original and three copies of

your papers. You should ask the Clerk to time-stamp your copy of the Notice. This will be

your proof that you filed the originals.

C. PREPARATION FOR THE HEARING

1. There may be a hearing, if the other party objects. You must be prepared for the hearing.

You should dress appropriately and have with you any witnesses that you wish to use to

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support your request. Your child or children may also be able to testify.

2. The Judge will want to know basically these things: Why you want to move, what are your

arrangements for the other party’s parenting time, and why it is the best interests of the

child(ren) to go with you.

3. At the hearing, you will be asked questions by the Judge or by the other party or by an

attorney. Respond directly to the questions. Listen to the question and make sure that you

provide the information that you are asked for. If you do not understand the question or are

not sure what you are being asked, you have the right to have the question explained to you

before answering it.

A WORD ABOUT MEDIATION

The Court may order you and the other party to go to mediation. YOU MUST GO IF

ORDERED. If there is a reason mediation would not be appropriate, you should tell the Court

immediately. Mediation is a chance to work out issues without lengthy hearings.

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IN THE COURT OF COMMON PLEAS

__________________ COUNTY, OHIO

_______________________ DIVISION

*

(Name)

*

(Address)

*

(City, State, Zip)

*

(Telephone Number)

*

(Birth Date)

*

Plaintiff/Petitioner, * CASE NUMBER _________________

*

vs. * JUDGE _________________________

*

* MAGISTRATE ________________

(Name)

*

(Address)

*

(City, State, Zip)

*

(Telephone Number)

*

(Birth Date)

* NOTICE OF INTENT

Defendant/Petitioner. * TO RELOCATE

Plaintiff/Defendant (circle one) in this case hereby gives notice of his/her intent to

relocate. His/Her former address was ______________________________________________.

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His/Her current address as of ________________________will be _______________________

_______________________________________________.

I want to move because

______________________________________________________________________________

Respectfully submitted,

__________________________________________

Signature

__________________________________________

Address

__________________________________________

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CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Notice of Intent to Relocate was served upon

the following persons at the following addresses by regular U.S. mail this ______ day of

____________________________,

20 :

1. __________________________________________

(Non Custodial Parent’s Name)

__________________________________________

(Non Custodial Parent’s Address)

__________________________________________

2. __________________ County Department of Job and Family Services

Child Support Division

____________________________

__________________________________________

Plaintiff/Defendant

Fillable Printable Custody Notice of Intent to Relocate - Ohio

Fillable Printable Custody Notice of Intent to Relocate - Ohio

Custody Notice of Intent to Relocate - Ohio