Moving can always be a challenge when a child custody order is in place. Regardless of whether the other parent agrees or not, there is still a process that must be done in order to accomplish the move and continue current or modified custody arrangements.
Although the process is typically easier if the other parent agrees with the relocation request or you already included provisions for relocation in your child custody agreement.
Reasons for Relocation
One of the factors a judge looks at when granting a relocation request is the parent’s reasoning for needing to relocate. The request must be in good faith. Moving or requesting a relocation cannot be to interfere with the other parent’s relationship or custody time.
Some common reasons for relocation include:
- Marriage to a new step-parent
- Employment offer
- Caring for a sick or injured immediate family member
- Moving in with family members due to loss of employment
- Cost of living
Provide Notice
As with most proceedings, you must provide notice to the other parent that you are intending to move 75 or more miles away. If you are moving within 75 miles of your previous residence you do not need to follow the relocation procedure. You still need to notify the other parent of the new address within a certain amount of time that you both agreed on in your custody agreement or custody order.
In the notice, you must include several required items of information. This includes a:
- new address,
- new mailing address if different from the new home address,
- new home telephone number,
- date of proposed relocation,
- brief statement of reason for the relocation, and
- proposed new parenting schedule.
This notice must be served to the other parent 60 days before the proposed move, or if this is not possible, within 10 days of knowledge of the need to relocate.
Opposition
It is definitely helpful to have both parents on the same page when it pertains to parenting and custody arrangements, however this is not always the case. The other parent does have the right to oppose the move and seek additional custody time if the move is not approved by the court.
For example, if you move to Texas to live with a boyfriend that you met a few months ago and the other parent stays in Oklahoma, a judge may not see that as a good reason to change the custody schedule. Instead, the judge may grant more custody time to the other parent to ensure consistency with school, activities, social events, and relationships with friends and relatives.
Within 30 days, the parent opposing the relocation needs to file an objection. Then a hearing is scheduled to determine whether the move is in the best interest of your children and if the move is meant to interfere with the other parent’s visitation rights.
The court will consider several variables including child’s ties to the community, education, and support system in the current home environment. Another consideration is how the move will positively or negatively affect the child-parent relationship with the non-moving parent.
Free Consultation with a Tulsa Child Custody Attorney
Having a child custody attorney that is skilled in relocation cases will help you gather the correct information that a judge needs to make a relocation decision. If you are seeking relocation and have the other parent’s agreement, it is still best to consult with a child custody attorney.
Moving can be an emotional event. A parent can change their mind once they realize the gravity of the move, the new custody arrangement, or the possible strain it may put on the child-parent relationship.
Similarly, if you are opposing a relocation request, hiring a skilled child custody attorney is essential to successfully challenge the relocation. Hiring an experienced child custody attorney will ensure the process is expertly conducted and your interests are well represented.
Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma relocation process.
For a free confidential consultation, call now: 918-924-5526.
