Moving a Child Without Consent in Oklahoma is a risky move to make. This is because if their is a court order for custody in place it usually comes with a relocation prohibition. On the other hand if there is are no orders in place than there is no prohibition against relocation and you might be able to move without consent. As you can see relocation is a complex issue in child custody cases, especially when one parent wants to move with the child without the consent of the other parent. In Oklahoma, there are specific laws and regulations governing parental relocation with a child. Understanding these laws is crucial to making informed decisions regarding relocation.
Oklahoma Relocation Laws:
In Oklahoma, relocation laws are primarily outlined in Title 43 of the Oklahoma Statutes, specifically Sections 112.3 and 112.3a. These statutes address the circumstances under which a custodial parent may relocate with a child and the requirements for doing so. Its important to recognize that the parent asking to move must have full custody and be the custodial parent. If this parent does not they must first terminate or modify the joint custody and ask to modify the custody order. Once this is done the court will decide about relocation based on the best interest of the child.
Under Section 112.3, a custodial parent must provide written notice to the noncustodial parent at least 60 days before the intended relocation if the move will affect the noncustodial parent’s ability to exercise their visitation rights. This notice must include specific information, such as the intended new residence, mailing address, and phone number, as well as a statement of the custodial parent’s intent to relocate with the child.
Furthermore, Section 112.3a outlines the noncustodial parent’s rights and options upon receiving notice of the intended relocation. If the noncustodial parent objects to the relocation, they may file a petition with the court seeking to prevent the move. If they fail to answer your notice, the court might see this as consent. The court will then consider various factors, including the reasons for the relocation, the child’s relationship with each parent, and the potential impact on the child’s well-being, before making a decision.
Moving Without Consent:
Moving a child without the consent of the other parent can have serious legal consequences in Oklahoma. If a custodial parent relocates with a child without providing notice or obtaining the noncustodial parent’s consent, they may be found in contempt of court. This means they may face penalties such as fines, loss of custody, or even criminal charges in extreme cases.
Additionally, moving without consent can damage the custodial parent’s credibility in future custody proceedings and undermine their relationship with the child. Courts prioritize the best interests of the child in custody matters, and acting unilaterally against the other parent’s wishes may not align with this principle.
What If There Is No Order In Place For Custody
On the other hand, In cases where there is no custody or visitation order in place you might not need consent. This situation involves parents that are not married when their child is born and applies more to the custodial parent. If the parents haven’t filed a paternity case and have court orders, moving without consent is an option. The situation is different for all people. If the situation involves an absent parent without orders moving is a greater option. If the other parent isn’t in the child’s life providing notice is much more difficult. One risk you face is that shortly after you move the other parent files a cases. Depending on the facts of your case and when the case files you might have a requirement to publish notice if the other parent is not locatable.
Tulsa Custody Attorneys You Can Count On
Moving a Child Without Consent when there are custody orders in place is a big risk. Relocation can be a challenging issue for parents navigating child custody arrangements in Oklahoma. Understanding the state’s relocation laws and the implications of moving without consent is essential for making informed decisions that prioritize the best interests of the child. Sometimes consent is absolutely a requirement, while other times it’s not a certainty. If you want a free consultation with a child custody attorney at Divorce Attorneys & Associates call 539-302-0303. Or you can follow this link to ask an online question about family law.