Child Relocation: Impact on Children and Custody
How can it be in the best interest of the children to be that far away from you? Hi, I’m Tulsa Dads.Law attorney Clint Hastings. I practice here in Tulsa, Oklahoma, and I focus on fathers’ rights.
Concerns About Child Relocation
So, you’ve done some research about child relocation and you’re concerned that your wife—or ex-wife—may try to move far away with your children. Naturally, you’re asking yourself: How could it possibly be in the best interest of the children to live that far from me?
This is a very tricky and often confusing issue. You may have spent significant time and effort in court determining custody based on your child’s best interests. Then suddenly, a judge allows a relocation—possibly halfway across the country—and you’re left wondering how that makes any sense.
Legal Process of Addressing Relocation
Here’s how it works:
By the time a relocation issue comes up, custody has usually already been established through a divorce or paternity decree. Sometimes, though, relocation is addressed during the temporary orders phase, before final custody has been decided.
Now, when custody—whether sole or primary joint—is awarded to your ex-wife, she is generally allowed to make parental decisions, including relocation, as long as it’s not in bad faith and not clearly against the child’s best interest.
Seek Experienced Legal Advice
Once she shows the move is in good faith—for example, for a better job or to be closer to family—the burden shifts to you to prove that the move is not in the child’s best interest. And that’s a high burden to meet.
Judges often say that children move schools all the time, make new friends, and adjust. Even if you argue that your child will lose connections with friends, school, or extended family nearby, the court may believe those ties can be maintained through travel or virtual communication. So even though it may feel obvious to you that the move is harmful, proving it in court is difficult.
Get Legal Help Today
If you’re facing a potential relocation situation, it’s critical to get experienced legal advice right away. Give Tulsa men’s child custody attorney Clint Hastings a call at 918-962-0900—we’ll be glad to review your case and help you understand your options. Thanks.
