Relocating with a child is just one of many things that may happen after a divorce. One parent might get a new job, remarry, or want to move closer to family. However, since children are involved, Oklahoma law places strict rules on parental relocation—especially when the move would impact the other parent’s custody or visitation rights.
What Is Considered a Relocation?
Under Oklahoma Statutes Title 43, Section 112.3, a parent must follow relocation laws if they plan to move:
- More than 75 miles away, and
- For more than 60 days, and
- The child is subject to an existing custody order.
This law applies whether the parent is moving to a different city in Oklahoma or to another state entirely.
What Must a Parent Do Before Relocating?
If you are the custodial or primary residential parent, and you want to move with your child, Oklahoma law requires that you:
- Provide written notice to the other parent
- Give at least 60 days’ advance notice before the planned move
- Include specific details in the notice, such as:
- The new address (if known)
- The reason for the move
- A proposal for a new visitation schedule
- Contact information at the new location
If you don’t yet know all the details, you must provide the information as soon as it’s available.
What If the Other Parent Objects?
The non-relocating parent has 30 days from receiving notice to file a formal objection with the court. If they do not object within that time, the relocation may proceed—unless the court intervenes for other reasons.
If the other parent files an objection, the court will schedule a hearing. During this hearing, both parents can present evidence about how the move will affect the child.
How Do Courts Decide Relocation Cases?
Oklahoma courts base relocation decisions on the best interests of the child. The parent requesting the move must show that the move is not attempting to disrupt the other parent’s relationship with the child and that the move will benefit the child.
Courts consider several factors, including reasons for the move, the child’s relationship with both parents, potential impact on the child, and more. Even if the relocating parent has sole or primary custody of the child, the court can deny the move if it finds that relocation would harm the child’s relationship with the other parent.
What Happens If a Parent Moves Without Giving Notice?
A parent who relocates with a child without proper notice may face serious legal consequences, including:
- Contempt of court
- Modification of custody orders
- Loss of custody or visitation rights
- Fines or legal fees
Failing to follow Oklahoma’s relocation law can damage a parent’s credibility in future court proceedings.
Can Parents Agree to the Move Without Going to Court?
If both parents agree to the relocation and the new custody arrangement, they can file a stipulation or modified custody agreement with the court. Once approved, it becomes a binding order. Even when parents agree, it’s still important to document the agreement and submit it for court approval to avoid misunderstandings or future disputes.
Tulsa Family Lawyers Group
Relocating with a child after divorce is never just a personal decision—it’s a legal one. Whether you are planning a move or responding to a relocation request, you need to understand your rights and responsibilities under Oklahoma law. At Tulsa Family Lawyers Group, we can guide you through the process. Call us at 918-742-3555 or click here to ask an online legal question.
