Moving Away with Your Child: Legal Considerations
Can you move away with your child if you think your ex-wife is a bad influence? Hi, I’m Tulsa Dads.Law attorney Clint Hastings. I practice here in Tulsa, Oklahoma, and I focus on fathers’ rights.
Legal Provisions Under 43 O.S. §112
This is a tricky question, and the answer depends on several provisions under 43 O.S. §112.
If you are the custodial parent, you may be allowed to relocate with your child—but only if the move is made in good faith and the other parent cannot prove that the move is not in the child’s best interest.
Considerations for Non-Custodial Parents
However, if you do not have custody or are not the primary joint custodian, you cannot relocate with the child. In that case, it would be your ex-wife’s decision whether to move, not yours.
Now, your ex can try to block your relocation by claiming you’re acting in bad faith. If you don’t have a legitimate reason—such as a new job, better pay, proximity to family, or other advantages that would clearly benefit your child—the court may determine that your intent is simply to interfere with your ex’s relationship with the child. If so, the court will likely deny the relocation.
Explore Your Options with a Family Law Attorney
Relocation issues can be complicated. If you’re in this situation, give Tulsa men’s child custody attorney Clint Hastings a call at 918-962-0900. We’d be happy to discuss your case and help you understand your options. Thanks.
