Child Custody

Navigating the tricky situation of who pays for baby items post-divorce can be overwhelming. Tulsa Dads.Law attorney Clint Hastings shares insights on what to consider. When your ex keeps the baby gear, it doesn’t always mean you’re on the hook to buy everything new. Joint funds or gifts can muddy the waters on who foots the bill. Focus on setting up your home for visitation, not costly legal battles. Remember, spending big on lawyers may not be worth it. Seek equitable solutions and keep the focus on what’s best for everyone involved.

Do you have to buy a brand-new car seat? The first golden rule is this: don’t spend more in attorney’s fees fighting over a car seat than it would cost to just buy one. All you are legally required to do is have a car seat that meets safety standards and passes muster. Once you have a safe and compliant car seat, Mom doesn’t have much of an argument. Fighting over which brand or model to buy usually just wastes time and money.

Bright lede: So, you’ve had weekend visitation with your children. You’re taking them back Sunday evening—5, 6, 7, or 8 o’clock. Do you have to feed them dinner?
Summary: Dad doesn’t feed the kids, brings them back hungry, and mom has to scramble to feed them before bed and school the next day. Should you be feeding them? In general, yes. If you have the children during regular mealtimes—like dinner—you’re expected to feed them. If it happens consistently, she could bring it up, and a judge might order that the children should be fed before returning home.

As a father, dealing with complaints from an ex about your kids sleeping on the way home can be frustrating. It’s important to consider the impact of disrupted sleep routines on your children, but ultimately, you need to be reasonable and try to reach an agreement with your ex. In most cases, this issue probably isn’t worth taking to court. If you’re already going through a divorce, you may want to address this in temporary orders or during the final hearing. Remember, it’s your visitation time, so do your best to navigate this issue and focus on what’s best for your kids.

Concerned about the safety of your car and how it may impact visitation rights with your children? Clint Hastings, a Tulsa attorney specializing in fathers’ rights, breaks down the factors at play. Whether it’s the type of vehicle you drive or its condition, there are legal considerations to keep in mind. While issues like a convertible or a raised truck might not be enough to withhold visits, safety hazards within the car could present a stronger case. Addressing these concerns promptly is key to prioritizing your children’s well-being and avoiding potential legal battles. Remember, it’s best to resolve issues directly before they escalate.

Trying to figure out what your reimbursement should be for transportation costs related to child visitation? The IRS standard mileage reimbursement rate is $0.70 per mile, covering gas, maintenance, insurance, wear and tear, and depreciation. Other rates may be considered, but most fall within the same range. Reimbursement may also be based on parties’ share of combined income, not automatically split 50/50. If there’s an imbalance in transportation costs, it’s worth calculating and deciding whether to pursue reimbursement. If costs are fairly balanced, many don’t bother with mileage calculations. Contact Tulsa visitation rights attorney Clint Hastings for guidance on this issue or similar matters.

One family member has been covering all the driving for visitation exchanges and now wants reimbursement from the ex. The question arises of whether this can be retroactively transformed into a reimbursable service. If both parties agree, an order can be put in place, but if not, the court will need to consider if the driving is a recurring obligation and consistent in distance, frequency, and cost. Documentation of mileage, dates, and drivers will be needed to seek partial reimbursement. It’s important to consider the IRS mileage reimbursement rate of $0.70 per mile and the pro rata share of each party before pursuing this further.

So, you’ve been doing most of the driving for visitations for quite some time, and your custody order or decree doesn’t have any provisions about transportation. Now you’re wondering—this has added up to a large expense over the years. Maybe you’ve done the majority, or even all, of the transportation for the past two or three years. I see this all the time.

The answer, in most cases, is probably no. I would say it’s a hard no if you’re simply asking for reimbursement with no other context.

When relocation happens, transportation costs can be split in various ways, often depending on the circumstances of the move. For instance, if the relocation occurred after the divorce decree or if one party objected to the move, transportation arrangements are often negotiated as part of a settlement. If no agreement is reached and the matter goes to court, a judge will typically order transportation costs to be split. However, plane ticket prices can vary widely depending on how far in advance they are purchased. You should also consider the proportionate share of combined income, which is used in child support calculations.

When it comes to transportation costs for visitation, it’s important to understand the options available. Reimbursement for extra miles driven can make a significant impact on your overall expenses. Whether you’re handling all the driving or sharing the responsibility, knowing the guidelines can help you navigate this aspect of co-parenting more effectively. Calculating the reimbursement based on income proportions and utilizing the IRS mileage rate can provide a clearer picture of what to expect. Don’t hesitate to address these details with the other parent or seek legal advice if needed. Clarifying transportation arrangements can lead to a more equitable and manageable situation.

So, your ex wants to move with your child because her new husband has a job opportunity in another state. Will the judge approve this? A judge may consider this move to be made in good faith, particularly if it’s based on the new husband’s opportunity for better employment. If the new job would improve the family’s financial situation—including your ex’s and potentially your child’s—that could be seen as a legitimate reason for relocation. As the other parent, you still have the right to object to the move on the grounds that it is not in the child’s best interest.

So your ex has been allowed by the court to relocate to another state. Does this change jurisdiction for future court matters? The short answer is no—relocation does not automatically change jurisdiction, as long as you remain in Oklahoma. Under the law, Oklahoma retains exclusive continuing jurisdiction so long as one parent continues to reside in the state, even if the child has relocated with the other parent. However, over time, jurisdiction could potentially shift. For example, if 10 years pass and your ex and the child have fully established their lives in the new state—meaning the child’s doctors, therapists, teachers, and other relevant witnesses are all located there—your ex may petition to transfer jurisdiction. The argument would be that Oklahoma is no longer a convenient forum for litigation, and the new state would be more practical for handling future legal matters.

In this video, attorney Clint Hastings discusses the grounds for modifying custody when an ex-wife wants to relocate with your child. Simply moving alone is not enough to switch custody, but multiple relocations by the custodial parent could warrant a change. Objecting to a relocation can lead to a hearing, where the best interest of the child is considered. Factors such as the negative impact on the child may influence a custody decision. While the move itself may not be sufficient, a history of instability caused by relocations could be grounds for a custody change. Contact Hastings for assistance with relocation issues.

Desperate, the man sought legal advice after his wife moved out of state with their child without notice. Can the judge make her bring the child back? Yes, it’s possible, but he must act quickly. Even if she’s settled in, the court could order the child’s return. The judge cannot force her to move back, but the child may need to return to him. In some cases, custody could even change in his favor. It’s a complex situation, requiring an experienced attorney.

Many people ask whether a child can simply choose where to live if one parent wants to relocate. The answer is—not exactly. The issues of relocation and the child’s preference are separate, but the child’s preference can play a role when the court is deciding whether to allow the move.

Why Is Moving Your Child Over 75 Miles Such a Big Deal? Why Not Under 75 Miles?

This is a great question—why is 75 miles the threshold for relocation issues involving children? It may seem arbitrary, but that’s the line the legislature has drawn. If a parent intends to relocate a child more than 75 miles from their principal residence, they must follow a formal legal process, including providing notice and allowing the other parent an opportunity to object.

Now, moving under 75 miles can still create significant problems—especially if the move takes the child to a different school district or makes custody exchanges much harder. While it may still disrupt the current visitation schedule, the law presumes that moves under 75 miles don’t substantially interfere with the other parent’s rights or ability to maintain their relationship with the child.

What gives your ex-wife the right to relocate with your child? Well, as U.S. citizens, we all have constitutional rights that allow us to live and relocate wherever we choose. However, relocating with a child is a different matter entirely. If your ex-wife is not the custodial parent, or if you share joint custody and she is not designated as the primary custodial parent—meaning the child’s principal residence is with her—she cannot unilaterally move with the child. Even if she is the custodial parent, she cannot simply relocate with the child without following legal procedures. So don’t try to handle this alone.

Child relocation can be a complex and challenging issue for many parents. When custody has already been established and one parent wants to move far away with the children, questions of the child’s best interests come into play. Even if you believe the move is harmful, proving it in court can be difficult. Judges often consider factors such as maintaining connections with friends, school, and extended family through travel or virtual communication. If you are facing a potential relocation situation, seeking experienced legal advice is crucial. Consulting with a knowledgeable attorney can help you understand your options and navigate this complex issue.

Your ex-wife may not be able to relocate with your child if it’s in bad faith. This could mean moving with the intention of harming your relationship with your child or making visitation more difficult. In such cases, the court may consider the relocation to be illegitimate and manipulative. Your ex would need to prove that the move is for valid reasons like a better job or family support. Ultimately, the decision will be based on what is in the best interest of the child. If you’re facing this situation, it’s important to seek legal advice to understand your rights and options.

When dealing with a divorce and talk of relocation by an ex-spouse with the children, taking action is crucial. The type of custody arrangement already in place will determine the options available for the parent. If joint custody is established, the primary custodian holds the legal right to seek relocation with the child. If the ex is the primary custodian, specific relocation procedures must be followed. Proper notice must be given, and there is a 30-day window to object. It’s essential to act swiftly and understand the strict time limits when challenging a relocation, seeking the right legal advice is key.