Is it Possible to Relocate With Children After a Divorce?
Oct. 12, 2022
Following a divorce, either party may decide to relocate. Individuals who divorce may choose to relocate for different reasons, from starting afresh to seeking affordable housing, excellent job opportunities, or education. However, relocation often creates possible challenges for the parents when children are involved. An experienced Oklahoma family law attorney can enlighten you about the possibility of relocating with children after a divorce.
For more than two decades, I have been offering experienced legal services and guiding clients in divorce matters, including child custody and relocation. I'm available to discuss your unique situation and educate you about the steps you need to take when relocating after your divorce. Wilson Law Firm PLLC is proud to serve clients across Shawnee, Ada, Okemah, Norman, and Chandler, Oklahoma.
Relocating With Your Child in Oklahoma
Relocation involves moving to a new place. Under Oklahoma law, the custodial parent may be eligible to relocate with their minor children, except when the welfare and best interests of the children are at risk. However, in some cases, the noncustodial parent may be able to object to such a move.
Additionally, the custodial parent can relocate with the kids to another place within 75 miles without the court's approval for less than 60 days. Parents who want to move to a farther distance or for longer periods must notify the other parent. An experienced Oklahoma child custody attorney can enlighten you about the notification requirements when relocating with your children.
As mentioned earlier, if you want to relocate with your child in Oklahoma to a place over 75 miles or for longer than 60 days, you must notify the noncustodial parent. You must provide the following information in the notice:
The date of your proposed relocation
The address of your new place, including the mailing address
The reasons for relocating with the child
The home telephone number
A proposal for a revised visitation schedule
Additionally, the written notice must be sent to the noncustodial parent at least 60 days prior to the proposed move. Parents who disapprove of the move must file an objection petition – stating why it is not in the child's best interest – within 30 days of receiving the notice.
Factors the Court Will Consider
During the relocation hearing, the court will consider the following factors to determine whether the relocation is in the child's best interest:
The child's age, specific needs, and developmental stage
The child's reasonable preference
Whether the relocation will improve the moving parent and child's quality of life
The nature of the relationship between the child and both parents, siblings, and other loved ones
The possible effect of the relocation on the child's physical, emotional, and educational development
Whether it will be possible to preserve the relationship between the child and non-relocating parent
The reasons for seeking or objecting to the relocation by either parent
Any other factor that may likely affect the child's best interest
If the relocation request is approved, the court will establish a suitable visitation schedule for the non-moving parent. A knowledgeable attorney can help file your petition, represent you diligently at the relocation hearing, and help protect your family's best interests.
Get the Reliable Advocacy You Need
Various issues often arise when a parent needs to relocate with the children to another place after a divorce. However, taking the necessary procedures is crucial for the court to accept the relocation request. Therefore, hiring a skilled family law attorney is crucial to enlighten you about your possible options and help you navigate crucial decisions.
At Wilson Law Firm PLLC, I have the diligence and experience to advise and guide individuals and families through the complex processes involved in relocating with children after a divorce. As your legal counsel, I can review every surrounding circumstance of your unique situation and determine whether relocation will be in your children's best interests.
Whether you are seeking or opposing relocation, I can fight diligently to protect your rights and argue your case intelligently in pursuit of the most favorable outcome. In addition, I will work diligently with both parents to establish a feasible parenting time and preserve existing relationships.
Contact my firm – Wilson Law Firm PLLC – today to schedule a simple consultation with a knowledgeable child custody attorney. I can offer you the experienced legal guidance and dedicated advocacy you need to make intelligent decisions in your familial matters. My firm is proud to serve clients across Shawnee, Ada, Okemah, Norman, and Chandler, Oklahoma.