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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