Relocating With Your Child After Divorce

March 27, 2015 3:50 pm

relocating with your child after divorce

In any custody order there is a provision limiting your right of relocating with your child after divorce proceedings. The final order states that either parent cannot relocate beyond 75 miles. Further, the 75 miles measures from where they live at the time the final order enters. However, there are circumstances when moving with your child is permissible. Some of those situations follow in this blog post. If you have a question about relocating with your child after divorce call us today.

Do I Need Permission for Relocating With My Child After Divorce:

If after a final order is filed one parent wants to relocate with the minor children, two situations arise.  First, if the parents have joint legal custody, the joint legal custody must terminate.  Next it the order must have modifications.  The court will examine whether or not terminating joint custody is in the best interest of the children. Mainly because joint custody can’t exist if the child relocates. Obvious reasons exist.  One is that equal access to the child is not possible in relocation.

Relocating and Child Custody:

However, if the parent seeking to relocate has sole legal custody of the minor children they can choose to file a modification action in the court or can follow the terms of the relocation statute. The terms of the statute exist in all Oklahoma divorce or paternity decrees.  The relocation statute provides that the non-custodial parent must receive notice. This notice must be within a certain time prior to the proposed relocation. If the non-custodial parent does not respond or object, then the custodial parent may go ahead and move.  This isn’t as simple as it seems. Therefore, we reccomend hiring an Oklahoma family law attorney to help with this process.

A court that grants a final decree still has controlling jurisdiction over that case. This means that any post-decree modifications of custody, visitation and child support must be heard by the same judge.  If a custodial parent moves with the minor children to a different county or state, then it may be in their best interest to register the decree in the county.  Moreover, the reason for registering a foreign decree is best explained in a frequent example we often experience.

See our other articles on case jurisdiction here.

Example:  Custodial parent given leave to relocate to Missouri.  However, non-custodial parent is seeking an enforcement of visitation under a modified order.  An Oklahoma family law judge hears the enforcement.  This results in the custodial parent having to travel back on numerous occasions for the Oklahoma court proceedings.  However, if the custodial parent had registered the decree in the county of her residence in Missouri, the noncustodial parent would have had to file the motion to enforce in Missouri.

Call us For More Information About Relocating With Your Child After Divorce:

If you have any questions regarding relocating with your child after divorce we can help. Don’t take a chance with your custody. Get the legal edge you need in child custody cases. Call us for a free legal consultation. We care about you.