Child support and visitation are complex issues even in the best of circumstances. If you or your spouse needs to relocate, this can complicate matters even further.
At Naidu Law, Family law attorneys, our family lawyers in OKC are ready and able to assist you in matters regarding custody, child support and especially as it pertains to relocation of one or both parents. We’ll work hard to ensure that your rights, and the rights of your children are upheld to the highest standard of the law.
OKLAHOMA RELOCATION LAW
Oklahoma law allows for divorced couples to move or relocate if needed. However, there are requirements in place regarding relocation when children involved. According to Oklahoma law, the parent who is planning to move must provide the other parent with a notice of relocation in the event that the move is going to be more than 75 miles away from their current place of primary residence.
This notice must be provided at least 60 days before the move will take place.
The notice should include:
- The moving date
- The new address (if known)
- The reason for the move
- A proposed child visitation schedule
If there are circumstances that prevent giving 60 days of notice, you must provide notice within 10 days of finding out that you are required to move. If you do not give notice, you could be cited for contempt of court, and it can make it difficult for you to continue to receive child support.
OBJECTING TO A RELOCATION
A parent can object to a move and try to prevent it. In this case, the parent who is not moving would file an objection, which our family law attorneys in Oklahoma City/Tulsa can assist you with. Once the objection is filed, the court will review whether the move is being made for a legitimate reason. Legitimate reasons for moving may include:
- Moving for employment
- Moving to be closer to family
- Moving due to a remarriage
If the move is for a good reason, then the non-moving party must make a case for the move not being in the best interests of the child. The judge will consider factors such as the preferences of the children involved, the age of the children, the relationship each parent has with the children, and the impact a move will have on the children’s quality of life.
Ideally, you and the other parent will be able to work out the issues without going to court. We’re happy to assist in any way we can. You may want to consider mediation, for example. The moving parent should present a visitation schedule that includes phone and webchat visitation as well as in-person visits. If you cannot resolve your issues, though, court may be your best option.
WE’RE HERE TO SUPPORT YOU
At Naidu Law, Family law attorneys, we have more than 25 years of experience getting results for our clients. Our family law lawyers in OKC have experience in negotiating moves and relocations, and we can work hand in hand with you to advocate for the best outcome possible.
We’ll will work to ensure that your rights are upheld and your demands honored. If you’re the custodial parent, we’ll work to ensure you get the support you need during this hectic time in your life. Conversely, if you’re the non-custodial parent, we’ll make every effort to ensure you stay a healthy part of your children’s lives.
Even if you don’t need us to handle your entire case, you’re welcome to consult us on specific issues. This arrangement is called unbundled or limited scope representation. Don’t hesitate to contact us today to find out how we can help at 405-792-2400.