Understanding Child Custody and Relocation in Oklahoma
Child custody arrangements in Oklahoma are designed to prioritize the child’s best interests following a divorce or separation. However, when one parent decides to relocate, it can significantly impact the existing custody order. If you are considering relocating or your co-parent plans to move, it’s crucial to understand how Oklahoma law addresses these situations and consult an experienced Oklahoma City child custody attorney.
Under Oklahoma law, a parent with custody rights may relocate, but this right is subject to certain conditions. The court has the power to restrict the relocation if it would prejudice the rights or welfare of the child. For the purposes of the relocation statute, “relocation” is defined as a change in the principal residence of a child over 75 miles from the child’s current principal residence for a period of 60 days or more. Okla. Stat. tit. 43 § 112.3.
Notifying the Other Parent of Relocation
When a parent plans to relocate with the child, they must notify the other parent at least 60 days before the move. This notice allows the non-relocating parent to file a motion to prevent the relocation if they believe it is not in the child’s best interests. In joint custody cases, the primary custodial parent, or the parent who maintains the child’s principal residence, is responsible for providing this notice.
If the relocating parent fails to provide proper notice or attempts to relocate without the other parent’s consent or court approval, they risk losing custody of the child. It is always better to be transparent about relocation plans and work with the other parent to ensure continued contact between the child and both parents.
Factors Considered in Relocation Cases
When deciding whether to allow a parent to relocate with the child, the court will consider various factors to determine if the move is in the child’s best interests. These factors may include:
1. The reason for the relocation
2. The potential impact on the child’s relationship with the non-relocating parent
3. The feasibility of preserving the child’s relationship with the non-relocating parent through a modified custody or visitation schedule
4. The preference of the child, if they are of sufficient age and maturity
5. Any history of domestic violence or substance abuse by either parent
6. The child’s ties to their current community, including school, friends, and extended family
The court will also consider the relocating parent’s proposed plan for the move, including their reasons for relocating, employment prospects, housing arrangements, and the availability of quality schools and healthcare in the new location.
Modifying Custody Orders Due to Relocation
If the court allows the relocation, modifying the existing custody order may be necessary to accommodate the move and ensure that the child maintains a meaningful relationship with both parents. The court may consider various options, such as:
Adjusting the visitation schedule to allow for more extended periods of time with the non-relocating parent during school breaks and holidays
- Allocating travel costs between the parents
- Establishing virtual visitation through phone calls, video chats, or other forms of electronic communication
- Modifying the legal custody arrangement to ensure that both parents remain involved in important decisions regarding the child’s upbringing
Sometimes, the court may determine that the relocation is not in the child’s best interests and deny the request to move. If this occurs, the parent seeking to relocate may need to choose between moving without the child or remaining in their current location to maintain custody.
The Importance of Working with an Experienced Oklahoma City Child Custody Attorney
Relocation cases can be complex and emotionally charged. Working with a knowledgeable Oklahoma City child support modification attorney who can guide you through the process and protect your rights and your child’s best interests is essential. Your attorney can help you understand the legal requirements for relocation, gather evidence to support your case and negotiate with the other parent or their attorney to reach a mutually agreeable solution.
If a negotiated agreement cannot be reached, your attorney will be prepared to represent you in court and present a compelling case for why the proposed relocation should be allowed or denied based on your child’s best interests.
Protect Your Rights and Your Child’s Best Interests with Wirth Law Office – Oklahoma City
If you are facing a relocation issue that may impact your child custody arrangement, the experienced family law attorneys at Wirth Law Office – Oklahoma City can help. We understand these cases’ complexities and emotional challenges and are dedicated to providing compassionate, knowledgeable legal representation to protect your rights and your child’s well-being.
To learn more about how Wirth Law Office—Oklahoma City can assist you with your relocation and custody modification needs, contact us today at (405) 888-5400 to schedule a consultation with one of our skilled Oklahoma City child custody attorneys. Let us use our expertise to help you and your family during this challenging time.
