Can I Relocate with My Children After a Divorce?
Many parents have concerns about whether a child custody order will prevent them from moving. The answer depends on the circumstances, details of the court orders, and where a parent is moving to. Various legal factors can make a difference in what legal options are available. Discussing your unique situation with an Oklahoma City divorce attorney can be helpful for finding a faster answer.
How Child Custody Orders Affect Relocation
When it comes to relocating with child custody orders, Oklahoma laws require written notice when the move is more than 75 miles away. The parent who is moving is legally required to notify the other parent about the relocation in writing. This parent is expected to provide details like where the new location is, any new phone numbers, when the relocation will occur, and reasons for the move.
Other details must be included like the new mailing address and an updated visitation schedule. Talking with a family lawyer about what other details to include might be important for avoiding legal issues. You may also want to ask a lawyer about what steps might be needed if the move is 75 miles away or less.
The relocation must also last longer than 60 days and you must notify the other parent at least 60 days in advance. Not taking these steps may make a difference in the court’s decision on letting you relocate. This could lead to changes to the child custody and visitation orders.
Judges will consider the best interests of the child standard when deciding whether you can relocate with the child. Things like the child’s age, parent-child relationship, reasons for relocation, and the child’s preferences will all be considered. The burden of proof for justification for the relocation is on the parent who is intending to move.
Can I Modify a Child Custody Order?
Some parents also wonder if they can modify the child custody order instead. When it comes to modifying child custody orders, the parent must provide enough justification. There must be a significant change in circumstances for this to go through like:
- A parent moving to another state
- Domestic abuse or child abuse
- Major financial changes
Children who are deemed mature or old enough might be able to convince a judge to modify the custody order. Once you have your justification, you can start this process by filing a motion to modify the child custody order. However, this can become complicated when both parents share joint custody of the child.
Consider contacting an Oklahoma City divorce lawyer if you find yourself unsure what legal options you have. An experienced lawyer can take many of the legal steps for you.
Divorce Lawyer in Oklahoma City
Navigating through the legal complexities of a divorce can be frustrating. Do not hesitate to consult with an Oklahoma family attorney for legal guidance on relocating with your child. All you have to do is call the Putnam Law Office by dialing (405)-849-9149 for a consultation. Mr. Putnam is a dedicated lawyer in Oklahoma City, OK who is prepared to help you obtain the divorce outcomes you want.