Is It Feasible to Leave the State with Children After Divorce?
It is a major decision to relocate your children, particularly if you and the other parent of your child are no longer together. You might want to move closer to your family or simply to change the landscape due to a job prospect, a learning opportunity, lower cost of living. Whatever the reason, it depends largely on your current parenting situation to be able to move out of Oklahoma with your child. Your child custody lawyers in Oklahoma City can help you understand it better.
Make sure that you do not need the legal consent of their other parent before you move your children out of the state. Learn more about removal and custody legislation to ensure that your family makes the right decision.
The Present Situation of Your Custody
As the situation is, do you and the other parent of the child now have an order from the court for legal custody? Parents without lawful custody orders are free to do whatever they want and can relocate without legal consequences with their children. However, no parent is permitted to prevent the other parent of their child from seeing them without a court order. If the transferred spouse does not allow the other parent to see the children, a legal issue may arise.
Talk about the Consent
Many states only allow relocations of custody of children if an agreement has been entered into which the relocation and the proposed visitation schedule expressly agree. This is usually done during the original child custody procedure and is normally covered by a provision of the child custody plan.
Rights to Visit
If the custodial parent wants to move, the existing parenting plan must be still complied with. In other words, if the agreement states that every other weekend, the child will see his other parent, then these visits must still be honored. You need to seek a modification in the court if you would like to change your visitation or your existing custody before moving.
Notice for Consent
There are states where a custodial parent must notify the noncustodial parent of an intended move (usually in writing), for example, within 30, 60 or 90 days of an intended move, within a specified period. Apart from the requirement for notice, some States require the non-custodial parent to either consent to move or object to a motion to avoid relocation.
Determination for Distance
Some states decide whether a distance relocation should be permitted for child custody. For instance, a court may be responsible for determining that if it's within a certain distance (for instance, more than 100 miles), even if it's within the same state. Any move out of the state, even if it is barely across state lines, is considered by other states as important and it may prevent any move to that factor alone.
There are many reasons why you may want to move to your child, but your freedom to relocate can be limited when child custody orders are in place. If you plan on moving, but you don't know how your child custody orders will affect, it's time to get legal advice. Contact child custody lawyers in Oklahoma City counsel in your area today to discuss your specific situation and learn more about the laws on child custody moving to your state.
At Mazaheri Law Firm, we have the best child custody lawyers in Oklahoma City to help you in divorce-related complications. Consult our professionals for any legal advice.
** Disclaimer: This blog content is no substitute for legal advice and in no way implies a lawyer-client relationship.