After a divorce in Oklahoma, it may be common for one party to wish to move out of state. However, what if your ex-spouse wants to move out of state with your child?
Custodial parents in Oklahoma have the general right to relocate with their child, but there are limits and conditions. The noncustodial parent has a right to object to any proposed relocation. If one parent objects, the courts can have a relocation hearing where they will decide in the child’s best interest. If you are currently in a relocation dispute, you can talk to a family law attorney about your rights and options.
What Does Oklahoma Consider Child Relocation?
According to OK. Stat. 43-112.3, relocation of a child means moving more than 75 miles from the child’s current principal residence for at least 60 days. Principal residence means any court-approved residence or a residence where the child has lived with a parent or guardian for at least six months.
Notification Requirements for Relocating a Child
If a custodial parent wants to relocate, they must provide a notice of relocation to anyone who has visitation rights. In other words, custodial parents can move anywhere within 75 miles of their current residence without having to notify their ex-spouses. Any further than that, they must notify the noncustodial parent.
The custodial parent must provide notice via mail and within at least sixty days of the proposed relocation. This notice must contain the following information:
- The new residence’s physical and mailing address
- The new residence’s telephone number, if any
- The intended date of the relocation
- Proposed changes to visitation schedules
- A warning that the relocation will happen if there is no objection within 30 days
Failing to provide a notice of relocation is a violation and can result in custody modification, visitation changes, and contempt of court charges.
Objecting to Relocation
If the noncustodial parent disagrees with the relocation, they can object within 30 days of receiving the notice, and the matter will go to court. During a relocation hearing, a judge will hear evidence and arguments regarding the move and whether it’s in the best interest of the child. Specific factors a judge will consider include:
- The quality and extent of involvement the custodial and noncustodial parents have in the child’s life
- The child’s age, development, and physical, educational, and social needs
- Any special needs the child has
- Whether or not maintaining a relationship with the noncustodial parent is feasible after relocation
- The child’s preferences, accounting for their age and maturity
- Whether the move would serve the child’s emotional or educational benefit
Ultimately, decisions about placement are made with the child’s best interest in mind. During a relocation hearing, it can be helpful to have an attorney. An attorney can ensure proper filing and represent noncustodial parents during proceedings. They can also mediate communications between the parties and discuss strategies to avoid conflict.
Divorce and Family Law Attorneys in Oklahoma City
Navigating child custody and placement issues after divorce can be a thorny issue. Even in cases of amicable separation, relocation disputes can cause emotional turmoil and resentment. Attorney Kevin S. Taylor has over 15 years of experience practicing family law and can guide you through issues at the intersection of the domestic and legal spheres. You deserve an attorney who will protect your rights and preserve your interests during disputes about a child’s primary residence.
Contact Taylor Law Firm, PLLC, online today to schedule a case consultation with a divorce and family law attorney in Oklahoma City.
