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In ok Is it legal for a non custodial parent to move out of…

Customer Question
In ok Is it...

In ok Is it legal for a non custodial parent to move out of state and take the children to that state for visits

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The non custodial parent has contacted the courts about moving yet and hasnt gave me an address to where she moved just that its 7 hours from where the children reside

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Has not contacted the court

Submitted: 11 months ago.Category: Family Law
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9/28/2017
Family Lawyer: KLAW, Lawyer replied 11 months ago
KLAW
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Category: Family Law
Satisfied Customers: 2,613
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
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G​ood morning. I there a parenting custody plan in place. What state is the court order issued?

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Customer reply replied 11 months ago
In the state of Ok She gets visitation every other weekend we rotate holidays and she gets them 2 weeks in july and 1 week in august
Customer reply replied 11 months ago
But she hasnt notified the courts she has left the state And she has not given me an address to where she moved just that its in colorado and its 7 hours away She left 6 weeks ago . And has no contact with the children yet
Family Lawyer: KLAW, Lawyer replied 11 months ago

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

If the court order has limitations on either parent relocation hen it is easily enforceable. However, if it is silent, then you will have to go back to court to modify the visitation order. You would need to argue that the great distance is a burden and hardship and expense on both you and the children.

Remember to look at your decree and make sure that all of the relocation notification rules have been followed. There are usually detailed paragraphs regarding moving and any modification of plan.

You can try to do mediation. Also hiring an attorney could help you come up with a creative plan that will work for your family. But if you really want to fight the relocation, and its adverse effects, you may have no choice but to go to court.

You can try to do mediation prior to the move to work out the particulars. Hiring an attorney could help you come up with a creative plan that will for your family. But if you really want to fight the relocation you may have no choice but to go to court.

Under 43 O.S. § 112.3, if either party intends to move his or her primary residence or the primary residence of the children over seventy-five (75) miles for a period of sixty (60) days or more when such move is not a temporary absence from the children’s principal residence, the relocating party shall furnish the following information to the other party:

a. the intended new address, including the specific address, if known;

b. the new mailing address, if not the same;

c. the home telephone number, if known;

d. the date of the intended move or proposed relocation;

e. a brief statement of the specific reasons for the proposed relocation of the child, if applicable; and

f. a proposal for a revised visitation schedule with the children.

She should have given you the notice of the relocation and change of sixty days preceding the relocation.

Since she has disappeared, at this point you should just keep a record of your attempts to locate and contact her regarding the missed visitation, and untimely departure. Oklahoma law states that the non-moving parent has a right to object to the move and a hearing may be held in which the court will decide whether this move is in the best interest of the children.

You should always consult a local attorney if you decide to go to court to modify the order.

I hope this helps.

It was a pleasure assisting you today, and I would appreciate if you would rate my service, so I will receive credit and payment for my work. After you rate the question you can ask follow up questions, and you will not be charged any additional money for the follow-up questions.

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