Shared Child Custody and Relocation in Oklahoma is a hotly disputed family law issue. Even though a final divorce or paternity order is in place this isn’t enough. The order for shared custody will have to be modified in order to relocate the children. Life circumstances change creating opportunities outside of State. If this is you and you have an order for shared child custody there are certain things you need to be aware of.
Oklahoma Relocation and Child Custody
The relevant Oklahoma Family Law statute provides that if a parent wants to move more than 75 miles from their current location and take the minor child with them, they must provide the other parent the following:
notice of the proposed relocation by mail to the non moving parent not later than 60 days before the intended move or the tenth day after the date that the person knows the date of the intended move, if that person did not know and could not reasonably have known the information in sufficient time to comply with the sixty-day notice, and it is not reasonably possible to extend the time for relocation of the child.
notice of the intended new residence, including the specific address, if known,
The notice of any new home telephone number, if known,
the date of the intended move or proposed relocation,
a brief statement of the specific reasons for the proposed relocation of a child
proposal for a revised schedule of visitation with the child, if any, and
a warning to the non-relocating parent that an objection to the relocation must be made within thirty (30) days or the relocation will be permitted
What Kind of Notice of Relocation is Enough
According to Family law statutes in Oklahoma a person entitled to custody of a child may relocate the residence of a child after providing notice. What the current court ordered custody arrangement is makes a big difference. The Court in Caber v. Dahle held that the relocation statute alone, “doesn’t authorize relocation by a person with temporary or joint custody; rather, it requires that the applicant has full custody of the child and that Shared Child Custody and Relocation no longer is possible.
Must Have Sole Custody to Relocate
The court in Dahle made big changes and additions to the relocation requirement. Now in-order to move the party wanting to relocate the child must have primary custody. Only a parent with sole legal custody can request a relocation under the statute. If the parents are operating under joint legal custody, the parent hoping to relocate must now modify the order. The modification must terminate the joint custody plan and ask for full custody orders prior to asking for a relocation.
Notice and Full Custody is Required
The standard is no longer was notice properly given and is relocation in the best interest of the child. Rather, the party asking to relocate must have full custody together with the notice being properly given. The biggest change is that Shared Child Custody and Relocation no longer go together. Now its required that you modify the order and that has its own requirements.