Legal Separation - Ohio - With joint custody, how far away can the spouse move?

[72dad]

OHIO

My wife is deciding to separate. She is determined no counseling or compromise will change her mind. I want to reconcile and stay together, but that's not an option anymore.

We want to share custody of our 20-month old son. Both of us are healthy, loving, and good parents. I own the home we live in, she wants to move in with her parents, 2 counties away, 52 miles. I think it's too far for us to realistically and practically share equal time every week. (which is the schedule we've agreed on. 3 overnights with me, 4 with her.)

Is there a hard and fast rule for joint custody distance, or is it a case-by-case determination? We don't want to go through the courts, but I will if I have to.

If there's a rule, I'd like to use it. If it's case-by-case, then I assume the judge will determine it's far, but not so far as to be prohibitive?

Is there any situation retaining joint custody where she can force me to relocate my residence?

 

[Ohiogal]

OHIO

My wife is deciding to separate. She is determined no counseling or compromise will change her mind. I want to reconcile and stay together, but that's not an option anymore.

We want to share custody of our 20-month old son. Both of us are healthy, loving, and good parents. I own the home we live in, she wants to move in with her parents, 2 counties away, 52 miles. I think it's too far for us to realistically and practically share equal time every week. (which is the schedule we've agreed on. 3 overnights with me, 4 with her.)

Is there a hard and fast rule for joint custody distance, or is it a case-by-case determination? We don't want to go through the courts, but I will if I have to.

If there's a rule, I'd like to use it. If it's case-by-case, then I assume the judge will determine it's far, but not so far as to be prohibitive?

Is there any situation retaining joint custody where she can force me to relocate my residence?

You have to go through the courts in order to get an enforceable schedule and a divorce. There is no hard and fast rule for joint custody but there is a presumption of shared parenting in Ohio. Joint custody does not mean 50/50 time.

 

[OHRoadwarrior]

Further, you can request the order state she is to provide transportation, since she is creating the distance.

 

[LdiJ]

OHIO

My wife is deciding to separate. She is determined no counseling or compromise will change her mind. I want to reconcile and stay together, but that's not an option anymore.

We want to share custody of our 20-month old son. Both of us are healthy, loving, and good parents. I own the home we live in, she wants to move in with her parents, 2 counties away, 52 miles. I think it's too far for us to realistically and practically share equal time every week. (which is the schedule we've agreed on. 3 overnights with me, 4 with her.)

Is there a hard and fast rule for joint custody distance, or is it a case-by-case determination? We don't want to go through the courts, but I will if I have to.

If there's a rule, I'd like to use it. If it's case-by-case, then I assume the judge will determine it's far, but not so far as to be prohibitive?

Is there any situation retaining joint custody where she can force me to relocate my residence?

From a practical standpoint, 52 miles would not prohibit the kind of timeshare you are contemplating now...and a judge probably wouldn't have a problem with it. When it could become a problem is when your child is starting school. With school aged children if the parents are not living in the same community it poses a problem for an equal or relatively equal timeshare.