Relocation and Child Custody in Ohio

Moving for a job can be difficult and often hard on your family.  When you are looking for work during a divorce or immediately after a divorce and need to move away it can be even more of a challenge.  Did you know that if you move during the divorce process a judge might find in favor of your spouse when the question of child custody comes up?  Many courts view moves during divorce proceedings to be against the best interests of the child.  It is up to the parent seeking custody to provide a strong case to the court that the move won’t disrupt the life of the child.   Examine a few of the following factors when you consider relocation if child custody is at stake. 


Will you move to a similar school district so your child can continue to attend a school similar to the one he or she is currently attending?  This factor may seem unimportant to those without children, but those with children understand the importance of a good school district.  If you are just starting your divorce proceedings and moving to a district with poor schools, the judge may see that as move that may harm your child’s education.  If you are moving to an area with poor schools after the divorce decree has been finalized, your spouse may challenge the current child custody arrangement.

When you relocate after a divorce, you must often be aware of not only your child’s needs, but of the visitation agreement set by the court.  If you move away from your former spouse and he or she is no longer able to participate in school activities you may have complications.  When relocation becomes an issue for you or your children, you need an attorney who is experienced in handling such matters.  Work with a family lawyer where Children Matter Most to advocate on your behalf.

Parenting Time Schedule

Setting a parenting schedule is crucial for those who elect to have joint custody of the marital children.  If you move for work, will you still be able to maintain your custody schedule in a way that is both economically feasible and logistically sound?  For example if you move from Dublin, Ohio to Grandview Heights, Ohio your child will still be able to participate in many of the same activities and likely attend the same school.  Moving within the Central Ohio area rarely presents a problem, as it is just a short commute to visit the other parent.  The same cannot be said if the relocation for work takes you out of state, or out of the country.  Work with a Columbus, Ohio child custody attorney to find the best arrangement for you and your family.

Additionally, you need to think about what will happen should your spouse feel you are not allowing him or her enough time with the child per your agreement.  A spouse who feels you are preventing their child from visiting as per your agreement can seek a modification of any child custody arrangement.  If this happens in part because you had to relocate for work or any other reason, reach out to a Columbus, Ohio child custody lawyer.  Attorneys can advocate on your behalf and help guide you through the process of modifying a child custody order.

Custody Arrangements

Divorce is difficult, as you not only must consider your financial future, but the financial future of your children as well.  Have you discussed the custody arrangements with your soon to be former spouse?  Do you know if you will stay in the area after divorce, or will economic factors drive you to find work elsewhere? All are important factors to consider during the divorce proceedings.  This is why having a child custody attorney is so crucial.  Not only will he or she act as an advocate on your behalf, but also provide useful and insightful knowledge about future needs you many not foresee.

The time to think about possible relocation isn’t just during your divorce proceedings; you need to consider that possibility after the divorce decree has been signed.  If you do not decide on a joint parenting arrangement and have sole custody of your child, you can still expect a fight from your former spouse.  Even with visitation only available for a few times a year, you must consider as the court would whether or not the move will be in the best interests of the child.  Columbus, Ohio child custody attorneys recommend consulting with someone who has experience dealing with child custody matters before planning a to move a child out of state away your spouse.

If you have already relocated and are facing challenges from your former spouse, a child custody attorney can help.  An attorney can help you communicate with your former spouse, and even advocate for your rights if you must modify any parenting orders.  Find an attorney well versed in the modification of child support orders and one who understands the needs of a child during a divorce.

Our child support attorneys  have over 30 years of experience and know the ins-and-outs of child support. If you are considering pursuing a modification of child support, you can trust our Columbus, Ohio child support attorneys to provide you with sound and well-reasoned advice to help meet your needs and those of your children.

Dividing Property and Debt in an Ohio Divorce

Property division could turn an otherwise amicable divorce into a contentious fight for marital assets.  Likewise, the allocation of debt could cause additional stress and could lead to additional strain on the relationship.  During these difficult times, it is important to find the balance when seeking a settlement with your spouse, lest the courts become involved and divide all property and debts.  Amicable division or property and debts is always best, because when the court gets involved everything is generally split 50/50, which may not be fair to each spouse.  Finding the right attorney to help is crucial so you can come to a fair division or property and debt in divorce. 

First, the division of marital property is complex.  Marital property is the property acquired by either spouse during the course of the marriage.  This includes but is not limited to: marital home, vacation property purchased with joint funds, and artwork.  During the divorce process, it is important to accurately record the value of the property so each spouse receives a fair portion of the marital property.  You will need to make a note of all property that each person brought with them into the marriage, generally known as individual property.  This can includes cars, artwork, and even small business assets.  Understanding the fine line that separates marital and individual property is very important, which is why hiring a property division lawyer is key.  When you work with a professional to review all financial records and property records, you have a better chance of receiving a fair division of assets.

Not only must there be an accurate accounting of the marital property, but there also must be an accounting of the debt accrued by both spouses.  Debts accrued during the marriage include, but are not limited to: mortgage payments, joint credit card debt, and medical expenses.  Courts have the authority to divide the debts of a marriage as they would property of a marriage.  As such, knowing the true nature and value of the debt is important.  The court will examine these debts and divide the debt equitably, as they see fit.  If you and your spouse are considering divorce and hope to come to your own settlement terms, it is important to first have an attorney review your debts as well as your property so there is a fair division.  By keeping the matter out of court and settling the matter with the help of attorneys, you can divide the property in a way that may be more beneficial to you.

One of the most common financial questions that divorcing spouses ask about property and debt division is closely tied to keeping the marital property after divorce.  So what happens if you keep the house, and you still owe the bank money?   If there are mortgage payments that are still to be made on the property, the spouse who retains the home is responsible for the debt associated with the property.  In most cases, the spouse remaining in the marital home will “buy out” the departing spouse and will then be responsible for all debts and tax benefits that follow the property.  Additionally, when spouses have car loans or other vehicle loans the debt follows the property and the spouse who retains the property pays the debt.

Medical debt is considered a marital asset, so any medical expenses accrued before the date of the separation are considered divisible debt in the divorce.  In many states medical debt is split 50/50 between both spouses, unless only one spouse is employed.  If both spouses are working courts will generally divide the debt equitably. Even if your significant other promises to pay the medical debt before you sign a divorce decree, you will need to get the statement in writing.  Any promise to pay debts will not be enforceable without the correct wording on the divorce decree.  Division of marital debt can be difficult, so finding the right property division lawyer in Columbus, Ohio can help review your specific situation and advise the best course of action.

Not all debt is created equal, so not all debt is split as medical expenses or joint credit card bills.  Unlike the debt incurred to further the marriage, certain debts which one spouse incurs with know knowledge of the other spouse is not considered marital debt.  Examples of such debt include: huge credit cards bills in one spouse’s name, gambling debt, or debt incurred purchasing an additional home for a friend or lover.  If brought before the court, the spouse who racked up the debt without the consent of his or her significant other will be forced to pay for the debt.  Finding the right attorney is crucial, as a trained property division lawyer can advocate for your rights and make sure the only debts divided in the divorce are marital debts.

If you are considering divorce, it is important to think about the financial ramifications of dividing property and debt.  As a property division lawyer, we can advise you on the best course of action and the most beneficial division of assets for your future needs. Work with a team of experts to research and properly analyze marital property and debt to discover the right settlement solution for you.  Every situation is different, which is why hiring a professional with years of experience to help you transition to the next chapter in your life is so crucial.  Contact the property division attorneys for a free consultation.  To arrange a mutually convenient time for your initial consultation, contact us by phone email email.