My wife (37) and I (38) are in the early stages of divorce. She wants to move to Cleveland, which is about four hours away from where we live near Cincinnati, and take our daughter with her immediately. I’m very involved in my daughter’s life and initially agreed, as long as she stayed until the school year ends, to allow time for her to find a job, car, and place in Cleveland. However, she said no, and now I’m having doubts about the move because I won’t get to see my daughter as much.
I’ve reached out to a couple of lawyers and am waiting to hear back. Here’s some background:
We lost our home because my wife quit her job in March 2023, leaving me with most of the financial burden. She worked for DoorDash sporadically.
In November 2023, I moved into my mom’s house with our daughter, while she lived out of her car and refused to get a job until June 2024. She finally got a job and moved in with me at my mom’s place.
I’ve had my job for 6 years, no criminal record, and no drugs. I can provide a stable environment for our daughter.
My question is: how much of a chance do I have to stop this move or gain full custody of my daughter?
You have a good chance of stopping the move if you file for divorce and a temporary parenting plan that prevents the relocation. You might not get full custody unless there are major concerns about her fitness as a parent. But you can definitely fight the move, especially if she doesn’t have stable housing or employment in Cleveland.
I live in Ohio, and in my experience with shared parenting plans, the courts typically don’t allow parents to move more than 100 miles away unless they get a court order or the other parent’s approval. Since you’re very involved, I would fight for full custody. Ohio courts tend to focus on stability for the child.
Revoke your permission for the move in writing, and if she still plans to go, file for an emergency order. Most divorces require parents to stay within a reasonable distance of each other, especially if there’s joint custody.
You have a strong chance. Given her instability, file for primary custody and request an order preventing her from moving your daughter out of your county.
Zen said:
Don’t let her move without a fight. Courts will likely set a residency restriction. Fight for joint custody with a reasonable visitation schedule.
In Ohio, 50/50 custody is less likely if you live more than 50 miles apart. If she moves, the non-residential parent usually only gets school breaks and alternating holidays.