Relocating after a divorce or separation is sometimes crucial for families to get a fresh start. Unfortunately, it can also have severe negative consequences for children who are already dealing with upheaval in their lives. The benefits and effects of relocation on children must be considered. If you are a parent looking to relocate or a parent who does not want your co-parent to relocate, a skilled Tulsa child custody attorney can help you follow legal guidelines.
Oklahoma Relocation Laws
When a parent has custody of their child, they have the right to change that child’s residence, although the court can prevent a move that would affect the child’s rights or well-being. Changing a child’s residence means changing where they live for a period of 60 days or longer and moving more than 75 miles away. Moving a lesser distance does not have the same legal requirements, but anything over 75 miles, in or out of state, is considered relocation.
Oklahoma law requires that a parent looking to relocate notifies all other parties who have the court-ordered right to custody or visitation. This means that if your co-parent has any rights to visitation or custody of your child, you must inform them of the move if it is considered a relocation. The other parent must file an objection proceeding within 30 days of this notice if they do not agree with the relocation.
Providing Notice of Relocation
When you intend to relocate your child’s residence, you must provide a notice about a proposed or intended relocation 60 days before moving or within 10 days of learning the information that must be included in the relocation if that information could not have been known by the 60-day deadline. The notice must include the following information:
- Where you are relocating to
- The mailing address
- The home telephone number
- When the proposed or intended relocation will happen
- A statement about why you want to relocate
- A suggested new schedule for child custody and visitation
- A statement to the other parent that they have 30 days to object
If this information changes after the notice has been sent, you have the responsibility to continue to update your co-parent.
If you do not meet these requirements, it can result in serious consequences, including the court preventing relocation, modifying the child custody orders against your preferences, and requiring you to pay reasonable costs and attorney fees in court for the other parent. You could also be held in contempt of court, which could potentially result in criminal charges.
What Does the Court Consider When Approving a Relocation?
When the court reviews a request for a proposed relocation or an objection to relocation, it will consider several factors to determine whether to approve or deny relocation, including:
- The nature and quality of the relationship between the child and the relocating parent and the parent who is not relocating, as well as the child’s siblings and other people in their life
- The child’s age, development, and unique needs, including special needs
- How relocation will affect the child’s educational, physical, and emotional development
- Whether visitation with the parent who is not relocating is possible
- The child’s preference, based on their age and maturity
- Whether the relocating parent has a history of trying to negatively affect the relationship between their child and the other parent
- If relocation will enhance the child’s and relocating parent’s quality of life
- Each parent’s reasoning for proposing or objecting to the relocation
- Other factors that influence the child’s best interests
FAQs
Q: Can a Mother Move a Child Away From the Father in Oklahoma?
A: A mother can move a child away from the father in Oklahoma if the move is less than 75 miles away from the child’s primary residence. If the move is further away and not temporary, the relocating parent has to inform the other parent of the move, and the parent can object to the move.
A relocating parent only has the responsibility to inform another person with custody or visitation rights to the change of the child’s residence. To fully understand your rights and responsibilities as a custodial or noncustodial parent, you should talk with an attorney.
Q: How Does Relocation Affect a Child?
A: Relocation can affect a child in many different ways, depending on how it is handled and the child’s age and maturity. Relocation soon after a divorce can be an especially destabilizing situation and can impact the child’s ability to spend meaningful time with their other parent. Relocation can also bring new opportunities for a child. Ultimately, it is important to talk with your co-parent and ensure relocation is in a child’s interest.
Q: At What Age Can a Child Choose Which Parent to Live With in Oklahoma?
A: In Oklahoma, a child can only choose where they want to live when they are 18; however, a child can express their preference before then. The family court in Oklahoma may listen to a child’s wishes when they are at a mature enough age, which is presumed when they are 12 years or older. This presumption can also be rebutted. Even if the child is able to give their preference, the court does not have to listen to the child if their preference clashes with their interests.
Q: What Is the Rule for Child Custody in Oklahoma?
A: The rule for child custody in Oklahoma is to prioritize the child’s interests, including their physical, mental, and emotional welfare. Custody may be granted to either parent or to both jointly. Parents can submit a parenting plan together or separately, and the court will review these plans to determine if they are in the child’s interests.
Either parent can request joint custody arrangements, and the court can also request a joint custody arrangement. The court may also require arbitration if parents cannot resolve a dispute for joint custody.
Work With an Experienced Child Custody Attorney
Child custody cases and modifications to existing custody arrangements can be emotional and stressful. It is important that decisions to relocate or contest relocation are made considering your child’s needs and interests. An experienced attorney can help you advocate for your child’s needs in court, whether you wish to enact or prevent a relocation. Contact Stange Law Firm today.
