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What is the law in Oklahoma regarding moving out of state when you have soul legal custody?

Muskogee, OK |

I have soul legal custody of my seven year old daughter and am living in Muskogee, Oklahoma. My ex lives in Tahlequah, OK. I have lived in Muskogee for 2 years now. The current custody arrangement has been in place for 10 months. I have received a job offer in Arizona. I would like to move but do not want to risk losing more time with my daughter. What is the law in Oklahoma regarding moving out of state when you have soul legal custody? My ex currently has supervised visitation 1 hour a week . im willing to give her the entire summer if I move, witch in turn will giver her more visitation with are daughter as long as i get her during the school year. also the reason she has supervised visitation is because she did not show up in court and she did not allow me to see are daughter she was hiding for the past 3 years not to mention we had a joint custody agreement by the courts witch she violated.

Attorney Answers 1

Posted

I am sorry you are going through this. OK has a relocation statute that requires a moving parent or custodian to notify the other parent or custodian of an intended move of more than 75 miles approximately two months before the move, or within ten days of learning of the move. The notice must include a number of things, including the moving parent's new address and phone number, when the move will happen, why the mover is moving, and a proposed schedule for sharing time with the children after the move. Generally speaking, failure to follow the statute and notify the non-moving parent will work against a moving parent in a custody modification proceeding. The court may order the return of the children if the move has already taken place without notice, and may award attorneys fees and expenses to the non-moving party. Note the parent who is not relocating has 30 days to file a custody proceeding objecting to the relocation plan proposed. The burden is on the non-moving party to take action during that period or the relocation will be authorized by law. I hope this helps, if you have additional questions please contact a local family law attorney. Best of Luck.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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