Am I Allowed to Take My Child Out of State During a Divorce?
Many parents wonder what the laws are around child custody and taking your child out of state. This can apply to parents with joint custody, noncustodial parents, and those using visitation hours. A situation like this can also arise during the divorce. Knowing the rules regarding this during and after the divorce is vital for avoiding potential legal consequences. If you ever have any questions, feel free to talk to an Oklahoma family lawyer about your circumstances.
Limits During the Divorce
During almost any divorce trial or process leading up to the final divorce decree, certain limits are set. Many of these limitations are automatically put into effect after the initial divorce papers are filed. These automatic divorce orders may include:
- Limits on who cares for the child
- Not withdrawing finances for retirement, pensions, benefits, or profit-sharing
- Keeping insurance plans the same and not borrowing against insurance policies
- No tampering with your spouse’s mail
- Keeping the children in the same school
The key limit included in this list is restricting parents from removing their children from the state of Oklahoma. There might be some exceptions to this rule. Be sure to contact an Oklahoma City divorce lawyer to learn more about what exceptions could be made for you. A lawyer will have a better idea of what you can or cannot do.
When it comes to what you can do after the divorce is over, this depends on the court orders. Child custody and visitation orders will usually lay out the rules for where you can raise your child and how. You may only be allowed visitation hours.
You might also be able to take turns raising your child, which may involve taking your child out of state if you live outside Oklahoma.
Consequences of Taking Your Child Out of State
Knowing what the limitations are for your specific care is vital for protecting yourself from legal consequences. If taking your child out of state is interpreted as parental kidnapping, then you could face serious legal trouble. Being aware of how this is defined is important.
Parental kidnapping or family abduction is often defined as hiding or taking a child away from a parent. This often applies in the context of breaching child custody orders after a divorce or temporary injunctions during a divorce. A parent caught doing this could face a felony charge which may or may not result in being arrested.
Depending on everything that happened in this situation, a parent may face different legal consequences ranging from loss of parental rights to fines and jail time.
Family Lawyer in Oklahoma City
Being unsure about taking your child out of state can be scary. Ask an Oklahoma divorce attorney for help if you have any questions about this. Contact the Putnam Law Office today at (405)-849-9149 for a consultation about your case. We can help you figure out your best legal options given your current situation. Mr. Putnam is a dedicated attorney in Oklahoma City, OK who can defend the divorce outcomes you want.
