Navigating Parental Relocation in Oklahoma: Legal Considerations
Legal Considerations and Procedures for Parental Relocation in Oklahoma
Let’s talk about relocation. What does the law say when one or the other of you wants to move? My name is Brian L. Jackson. I’m a Tulsa father’s rights attorney here with Dads.law where fathers are not disposable. And today we’re going to talk about relocation in Oklahoma and what the law says.
As a preliminary matter, you do as a, whether you’re custodial or whether you have visitation rights, have a duty to keep the other parent in the loop about where you’re living if you’re going to have the kids there. So, if you move, you have to notify the other party because they have a right to know where the kids are going to be.
Now, if you are relocating more than 75 miles away from your current address, there are additional duties that come into play. These duties are outlined in the relocation statute under Title 43. The rule is that if you are relocating more than 75 miles, you have to give 30 days notice in writing to the other party.
Importance of Proper Notice and Filing
There’s no rule that says it has to be filed in the district court, although personally I would advise a client that they probably should file the notice in the district court because then you have an objective record of when it was filed and, you know, that you actually did give proper written notice. Because if you fail to do that, it can create several problems.
One, you could be in contempt of court. Two, it could be grounds for the court to modify custody and not in your favor. And three, it can be seen as per se a bad faith reason for relocation.
What Happens After Filing the Notice
Once you file that notice and you’ve complied, the next thing that happens is your children’s other parent, mom or dad, has the right to respond or not. If they don’t respond within 30 days of receipt, then the relocation is deemed authorized, and you can move without doing anything else.
If they do respond and object, then it goes to court. An objection on a relocation is treated similarly to a motion to modify, which means it would be a full-on trial. It would be your burden to show that the relocation is being done in good faith.
Showcasing Good Faith and Best Interest of the Children
What does it mean to relocate in good faith? It means that it’s being done for a legitimate reason, not to interfere with the other parent’s relationship with the children or prejudice the other parent. Once you’ve established it’s being done in good faith, the burden shifts to the other parent to show that relocating is not in the best interest of the children.
Proper notice is crucial because, without it, the court can conclude that the relocation is in bad faith. This can have severe consequences, such as being held in contempt, losing custody, or being deemed untrustworthy. Following the correct procedure is essential, even for primary custodians.
Contact Us for Legal Assistance
If you are planning a relocation, it is important to have a good lawyer by your side. At Dads.law, we have experienced attorneys who specialize in father’s rights. Contact us today for a free consultation and ensure that your rights are protected throughout the relocation process.