Relocating can be a challenging process, especially when child custody is involved. When a parent moves to a new location, it can affect the existing custody arrangement. In Oklahoma, there are specific laws that govern child custody and relocation. In this blog post, we will explore how relocation affects child custody in Oklahoma.
Oklahoma’s Child Custody Laws
In Oklahoma, the courts consider the best interests of the child when making child custody decisions. The law recognizes that children need stability, and the courts will take into account the child’s relationships with both parents, their physical and emotional needs, and their education and social life.
Oklahoma law recognizes two types of custody arrangements: legal custody and physical custody. Legal custody refers to the right to make important decisions for the child, such as decisions about education, healthcare, and religion. Physical custody, on the other hand, refers to where the child lives and who has responsibility for the child’s day-to-day care.
Relocation and Child Custody in Oklahoma
If a parent wishes to relocate, they must follow Oklahoma’s laws regarding child custody and relocation. Oklahoma law defines relocation as a change of residence of at least seventy-five (75) miles for a period of sixty (60) days or more.
If a parent wishes to relocate, they must provide written notice to the other parent at least sixty (60) days before the proposed relocation. The notice must include the following information:
- The new address and phone number of the parent who is moving
- The reason for the proposed relocation
- A proposed revised visitation schedule
- A statement that the other parent has the right to object to the proposed relocation
If the other parent objects to the proposed relocation, they must file a motion with the court within thirty (30) days of receiving the notice of relocation. The court will then schedule a hearing to determine whether the relocation is in the best interests of the child.
The court will consider several factors when determining whether the relocation is in the best interests of the child. These factors include:
- The reasons for the proposed relocation
- The relationship between the child and each parent
- The effect of the proposed relocation on the child’s emotional and physical development
- The quality of life for the child and the parent seeking the relocation
- The motives of each parent in seeking or opposing the relocation
- The availability of reasonable visitation or communication with the non-relocating parent
- The likelihood that the relocating parent will comply with the visitation orders of the court.
If you are the parent who is opposing the relocation, it is also crucial to understand your rights and legal options. You have the right to object to the proposed relocation and file a motion with the court. You must do so within thirty (30) days of receiving the notice of relocation.
It is important to note that if you are a non-relocating parent, you may still be able to maintain a strong relationship with your child even if they are living further away. The court will work to create a visitation schedule that is in the best interests of the child and allows both parents to maintain a meaningful relationship with the child.
Relocating can have a significant impact on child custody arrangements in Oklahoma. Both parents must follow the state’s laws and procedures regarding relocation and child custody. If you are considering relocating or opposing a relocation, it is essential to consult with an experienced family law attorney who can guide you through the process and protect your rights and interests. By working with a skilled attorney, you can ensure that your child’s best interests are served and that you maintain a meaningful relationship with your child.
Murray Law Firm is a full-service family law firm in Oklahoma that can assist with child custody cases, including those that involve relocation. Our experienced attorneys can provide legal guidance and representation throughout the entire process.
Here are some of the ways that Murray Law Firm can help with relocation and child custody cases in Oklahoma:
- Providing Legal Advice: Our attorneys can provide legal advice to help you understand your rights and obligations under Oklahoma’s laws regarding relocation and child custody. We can help you determine whether a proposed relocation is in your child’s best interests and whether you have grounds to oppose the relocation.
- Preparing Legal Documents: Our attorneys can prepare the necessary legal documents, including the notice of relocation and any motions that need to be filed with the court. We can ensure that all documents are complete and accurate, helping to avoid delays in the legal process.
- Representing You in Court: If the other parent objects to the proposed relocation, our attorneys can represent you in court. We can present evidence and arguments to support your position and advocate for your child’s best interests.
- Negotiating Settlements: In some cases, it may be possible to negotiate a settlement that addresses the concerns of both parents. Our attorneys can help facilitate negotiations and work to achieve a favorable outcome for you and your child.
- Modifying Custody Orders: If a relocation is approved by the court, it may be necessary to modify the existing custody order. Our attorneys can help you navigate the process of modifying the order and ensure that the new arrangement is in your child’s best interests.
At Murray Law Firm, we understand how stressful and emotional child custody cases can be, especially those that involve relocation. We are dedicated to providing compassionate and effective legal representation to help you achieve the best possible outcome for you and your child. Contact us today to schedule a consultation with one of our experienced family law attorneys.