Relocating out of State with children after Tulsa divorce is done only through Court order. Notwithstanding this simple rule, divorce is an emotionally rough experience. With the uncertainties of life without a former spouse creating stress and strain. And, the prospect of raising the children in a divided home can put the pressure over the top. Sometimes divorce and child custody disputes make people do things they would otherwise not. Its not to say that the seemingly normal people are bad parents, its just that the divorce process can bring out their worst. Unfortunately, when children are involved, they get placed in the middle of disputes and can be used as pawns.
Automatic Injunction in Oklahoma Divorce:
Relocating out of State With Children stops once the case files. This is done by placing a temporary injunction upon the parents. This restraining order, prevents parents from taking certain actions. Part of these injunctions prevent the parents from disturbing the peace of the children, un-enrolling them from school and extracurricular activities, and once filed, the temporary injunction forbids parents from removing children from the state. Taking them out of state is possible but it has a limit of a couple of weeks vacation. If the out of state trip exceeds two weeks the other parent must expressly consent.
Duty to Facilitate Visitation Between Parents:
Oklahoma Custody Law also imposes a duty upon parents to facilitate visitation between each other and their child. Its believed that co-parenting requires each parent to present the other parent in a favorable light to their children. It only makes sense given the State’s preference for joint custody of the children. However, people sometimes don’t act rationally and decide to violate these injunctions. Regardless of the injunctions and other measures guiding parental behavior in a child custody case, parents will still act out. In this situation the court has certain remedies available to parents.
You may be interested in reading this related article: Facts about divorce in Oklahoma
Violating Injunction Leads to Judicial Punishment:
By violating the automatic injunction, the parent who removed the child from the state is facing a quasi-criminal action. As a result, custody can legally move to the other parent. The child custody Judge can limit the violating parents visitation to supervised visitation only. If the behavior continues the judge can actually put the troubled parent in jail for up to six months. Simply put the Family Court Judge doesn’t look favorably upon a parent who violates orders and disregards what’s in the best interest of the child. Continuing to violate simple rules can lead to sole custody with the non-violating parent.
Relocating Out of State with Children and Legal Help in Tulsa:
If you’re facing a divorce involving child custody we want to talk with you. Relocating out of State with children after Tulsa Divorce requires an agreement by the parties or a Court order. Divorce is difficult enough with out one parent violating basic child custody rules. If your former spouse continues to remove the kids form the State after the divorce files, it’s a violation of the rules. We care about your rights and can help you. Call today and ask for a free consultation.
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