Moving, Relocation, and Oklahoma Law
We live in a mobile society. People move across town, across state lines, and across the county. When parents with minor children divorce in Oklahoma, a court will put custody orders in place regarding those children. Problems may arise when a parent wants to relocate. It is one thing when a parent moves. Moving a child is another thing altogether.
It is important to know that Oklahoma law allows a parent who retains custody to relocate or move from the court’s jurisdiction. There are limitations and conditions. As a general rule, a court retains jurisdiction over minor children of a divorce until the age of majority, usually 18, in Oklahoma.
A court will do what is in the best interests of the child. If a parent wants to remove a child from that jurisdiction and move, a court has the power to prohibit the relocation of the child if it would negatively affect the rights or welfare of the child.
Under Oklahoma law, relocation in this context means changing the child’s principal place of residence to another place of residence that is 75 miles or more away for 60 days or more (Okla. Stat. tit. 43 § 112.3).
Reasons for Prohibiting the Moving of a Child
First and foremost, the court will act to protect the child’s safety. If the move will mean that a child will face a risk of danger to their health, happiness, or welfare, a court is unlikely to allow the move. This might be a situation in which a parent’s roommate poses a danger to the child. If a roommate is on the sex offender registry list or has been convicted of domestic abuse in the recent past, the court may not allow the child to relocate with the parent.
When a parent moves, they often leave behind a support system that is invaluable for the child. Grandparents, friends, and other extended family members are important for a child. This is especially true if a parent works long hours.
If the relocating parent is likely to be working long hours without a good support system, the court is unlikely to allow the child to be moved. In that case, the court may change custody orders to allow the remaining parent to take full physical custody of the child and allow the relocating parent visitation.
Notice of the Potential Move
Oklahoma law requires that the parent who is planning to relocate give the other parent notice of the move. The parent who maintains the child’s principal place of residence must notify the other parent if that parent is the one seeking to relocate. This is often the custodial parent.
In cases of joint custody, the primary custodial parent must provide notice to the other parent of any plan to relocate. Often the primary custodial parent is the parent who maintains the child’s primary place of residence, but not always.
Oklahoma law looks to the child’s place of residence rather than the custodial parent.
Under Oklahoma law, the “principal residence of a child” means:
- the location designated by a court as such
- the place the parents have expressly agreed that the child will primarily reside
- the location at which the child lived with the child’s parents, a parent, or a person acting as a parent for the last six consecutive months or from birth if the child is less than 6 months old (Okla. Stat. tit. 43 § 112.3).
A Court Hearing May Be Necessary
The notice must be given at least 60 days before the intended move. This allows the other parent enough time to file a motion with the court to prohibit the relocation. This also ensures that one parent cannot take the child away by blindsiding the other parent. Once the motion is filed, a court will step in and rule on the motion.
Parents can work together to ensure that the child has continuing contact. The parents can ask the court to modify custody and visitation orders. When parents can agree, the court is more likely to allow the relocation. When parents cannot agree, the court will make the ruling it thinks best given the circumstances.
Custody issues are often fraught with strife, especially relocation issues. If you have questions or concerns about a custody matter, bring them to a knowledgeable Tulsa child custody attorney.
Initial Strategy Session with a Tulsa Child Custody Attorney
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