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My Family Lives In Another State. Can I Leave And Take My Kids With Me?

My Family Lives In Another State. Can I Leave And Take My Kids With Me?

My Family Lives In Another State. Can I Leave And Take My Kids With Me?

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May 29, 2022

If you intend on divorcing or separating from your children’s other parent, then you will have to address child custody. If your family lives in another state, then you may naturally want to relocate to that state once your separation or divorce is finalized. However, there are obstacles in the way of this happening, and there is no guarantee that you will be able to take your children with you. Here’s more about how you can relocate, and what you could do if you need help with getting the court’s nod of approval.

Notice Of The Relocation

Under Oklahoma law, if you have legal custody of your children, it may be possible for you to relocate with your children to another state where your family lives. However, there are very specific procedures that you must follow, and the relocation must be for a good reason or the judge may prohibit the move.

Regardless of whether you are the custodial parent or non-custodial parent or you have shared custody, you must provide written notice to the other parent as soon as you know you are moving, and at least 60 days before the intended move. To comply with Oklahoma law, you must include very specific information in the written notice, including your new address, your home telephone number, the date of the move, a brief statement of the specific reasons for the relocation, and a proposed visitation schedule.

Once you give notice of the move to the non-moving parent, the other parent must file any objection with the court if they want to prevent the move.

Reasons For The Relocation

Once an objection has been filed by the non-moving parent, the judge will hold a temporary hearing and a final hearing or trial before deciding whether you can move with your child. As the moving parent, you have to prove to the court that the move is in good faith. This means that the move is for a good reason and not just to spite the other parent, for example. There are many good faith reasons for a move, such as a new job or job transfer, a remarriage, or a desire to be closer to family. Once you have established a good faith reason for the move, the non-moving parent may try to show the court that your proposed move is not in the best interests of the child.

Decision On Relocation

To make a decision on the proposed relocation, the judge will consider the following factors in evaluating the best interests of the child:

  • the child’s relationships with both parents and other significant persons in the child’s life
  • the age and needs of the child
  • the feasibility of preserving the child’s relationship with the non-moving parent
  • the child’s preference, with consideration for age and maturity
  • whether there is a pattern by the moving parent to either promote or thwart the relationship between the non-moving parent and the child
  • whether the relocation will enhance the general quality of life for the moving parent and the child
  • the reasons of each person for seeking or opposing the relocation
  • any other factor affecting the best interests of the child

If the judge decides that the move is in the best interests of your child and approves the revised visitation schedule, you and your child may relocate.

Remember that it is the person who wants to relocate that has to convince the court that it is warranted. You’ll have to overcome concerns raised by the other parent, and be prepared to potentially negotiate with them if need be so that you can get what you want while enabling them to see your children too. Also, you’ll want to make sure that you do your research on the proposed location, taking into account things like where your children will go to school and how safe the area is.

A lot is at stake when it comes to relocation. It could be the best decision for you and your children, but that doesn’t mean that you’ll get what you want without opposition by the other parent. Not only can a skilled family law lawyer help you with your relocation matter, but they can also guide you when it comes to divorce, child custody and spousal support. Inner Vision Legal is a top-notch family law firm who has decades of experience with helping clients get through divorce and child custody matters including relocation. Get in touch with the knowledgeable family law lawyers at Inner Vision Legal.

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