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Understanding Custody and Relocation Laws
If one parent wants to move, can the child just choose where to live? Hi, I’m Tulsa Dads.Law attorney Clint Hastings. I practice here in Tulsa, Oklahoma, and I focus on fathers’ rights. I’ve been practicing family law for 25 years.
Understanding the Role of a Child’s Preference
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.
There’s a statute that governs relocation, and if you already have a custody decree, it should include notice of the rights and procedures that the custodial parent—or the primary custodial parent in a joint custody situation—must follow before moving.
Factors Considered in Relocation Cases
If relocation is proposed, the other parent has the right to object and request a hearing. At that hearing, the court considers several factors to determine whether the move is in the child’s best interest. One of those factors may include the child’s stated preference, depending on their age and maturity.
Relocation issues can be complex. It’s important to get advice from a qualified attorney. Give Tulsa men’s child custody attorney Clint Hastings a call if you need help. Thanks.
Ready to Discuss Your Legal Options?
If you have questions about custody, relocation, or any other family law matters, don’t hesitate to reach out. We offer low-cost consultations to help you understand your rights and options. Call us today at 918-962-0900.