If your child’s custodial parent moved away from Tulsa, Oklahoma without your consent, you have legal rights.
A divorce court in Oklahoma maintains jurisdiction over matters of child custody and support until the child or children is 18.
That means that long after the divorce is finalized, there are still matters that can be taken up before the court by filing a petition asking the court to hear the matter.
Relocation is a hot button topic in child custody battles. If a custodial parent moved, it is much more likely that the non-custodial parent will see their child much less often.
Because continuing contact with both parents is in the child’s best interests, the Oklahoma legislature has enacted a statute requiring that a parent who wishes to relocate more than 75 miles away must notify the other parent of the proposed relocation approximately two months before the move, or within 10 days of learning of the move. (Okla. Stat. tit. 43 § 112.3)
The notice must contain a number of things. It must contain contact information, the reason for the move, and a proposed plan for continued visitation.
The purpose of the statute is to give the other parent time to object. The parent has 30 days to file a formal objection with the court.
Time Is of the Essence: Contact an Attorney Quickly
If a parent has moved without issuing the relocation notice as the law requires, the other parent may file a petition before the court to have the child returned.
Failure to notify of a child’s relocation will work against the custodial parent in a hearing requesting a modification of an existing custody or visitation order.
Furthermore, the custodial parent may be required to pay the petitioning parent’s reasonable costs and attorney fees incurred in the filing and presenting of the petition before the court.
If the non-relocating parent fails to object by failing to file a petition seeking an order to prevent the relocation within 30 days of receipt of the notice, the relocation will be deemed to be authorized by the non-relocating parent.
Free Consultation: Tulsa Child Custody Attorney
Your choice of an Oklahoma divorce attorney is critical, especially in the event of a Tulsa custody dispute. Before you retain our family law attorneys, you are invited to have a free, confidential, no-obligation consultation to help you determine whether our family law services can meet your particular needs.
For a free consultation with a Tulsa child custody attorney about your concerns, call the Divorce Law Office of Tulsa today at 918-924-5526.