Understanding Your Rights Under Relocation Statute Today
Hello, my name is Dillan Savage of Wirth Law Office – Oklahoma City. Today we’re going to be discussing the relocation statute. The relocation statute is actually found in most paternity and divorce decrees so parties are aware of their obligations to notify one another if they intend to move their permanent place of residence 75 miles or farther from where they are currently living.
Now this is for individuals with custodial time of their children whether they are the custodial parent or the non-custodial parent. So again, this is a statute it is found in Title 43 section 112.3.
Your Obligations Under the Relocation Statute
What are your obligations under this statute? If you are going to move your residence 75 miles or farther or the child’s permanent residence, you need to notify the other party by mail. Preferably certified mail so you have proof that you have served them with this notice.
It should be done the 60th day before the date of the intended move or proposed relocation or before that if possible. Now if you were not able to know of this proposed relocation or necessary relocation, notify them as soon as possible.
Information to Include in Your Notification
This usually only comes into play for individuals such as military members that are unaware of the need for that relocation. Now what do you need to inform these individuals of during this relocation? Give them the intended new residence if you know it, including the specific residence, the mailing address, the home telephone number, the date of your intended move, and a brief statement of why you’re actually moving at this point.
A proposal for the revised custodial schedule, if at all possible, should also be included. I know that’s kind of difficult to do, but if you can work with the other party, it becomes much easier.
Addressing Objections and Court Notifications
You can also and have to actually tell the other individuals that if they do not object to your move within 30 days of being notified, that this proposed new move is just going to go into effect. So make sure that if you have an objection to this relocation, if the other party does inform you of it, that you raise that objection.
If you are intending to move and you’ve notified the other party, I would also tell you to make sure that you take that certified mail and notify the court that hey, I have done what I’m supposed to do, I notified them within this time frame, they did not raise the objection so it doesn’t come up later and you don’t have to fight this out in court.
Final Thoughts on the Relocation Statute
So make sure that you follow those steps, inform the other party of your proposed relocation, and remember that you need to notify the other party no matter what if you are intending to move 75 miles or farther within hopefully that 60-day period of time or as soon as you are aware that you need to relocate.
Get Expert Guidance Today!
If you found this video to be helpful or believe it can help somebody else, please go to Oklahoma City attorney. My name is Dillan Savage of Wirth Law Office and thank you for watching. For more personalized assistance, call us today at 405-888-5400 for a low-cost consultation!
