Does Oklahoma Have Child Relocation Laws?

Whether you are a custodial parent who wants to locate, or a parent who objects to the relocation, here is an overview of Oklahoma’s relocation laws.

Legal Definition of Relocation

Under Oklahoma’s child relocation laws, relocation means a change in the children’s principal residence if the new residence is 75 miles or more from the current principal residence. If the expected duration of the relocation is less than 60 days, it is considered a temporary absence and not a relocation.

Legal Obligations Of Parent Who Is Primary Physical Custodian When Planning To Relocate

If you are the primary physical custodian of your children and want to relocate, the law requires you to file with the court and serve on the other parent and anyone entitled to visitation with your children, a notice of your plan to relocate. 

The notice must include:

• The complete address of the new location and the mailing address if it is different from the street address.
• The new phone number.
• The date of the intended move
• A statement of reasons for the proposed relocation.
• A proposed revision of the visitation schedule.
• A notification to the recipient that if they have an objection to the relocation, they must file those objections with the court within 30 days of the notice. If they fail to object within that time, the court will allow the relocation.

Some of this information may not be known but they must notify the court as soon as the information is available. A divorce attorney will file the notice for you, or your objections if you are the non-relocating parent. The court will issue an order to the non-relocating parent informing them of their rights.

Rights Of The Parent Entitled To Visitation

A parent who objects to the relocation may file an objection to the proposed relocation asking the court for a hearing. The objections must be filed within 30 days of the date the notice of relocation was received.

Factors Court Considers In Making A Decision On Relocation

At the relocation hearing, the court will consider evidence presented by both parties. Factors the court will consider include:

• The “nature, quality, extent of involvement, and duration of the child’s relationship with” each parent, sibling, and other significant people in the child’s life.
• The age and needs of the child.
• How the relocation will impact the needs of the child including the education of the child, the developmental and emotional needs, and any special needs of the child.
• How the visitation will take place between the parent with visitation rights and the child. The financial circumstances of both parents will be considered when working out a suitable visitation plan and who will be responsible for transportation expenses for the children for visitation.
• The child’s preference, if appropriate considering the age and maturity of the child.
• Will the relocating parent continue to promote the child’s relationship with the other parent?
• Will the relocation enhance the child’s general quality of life?
• The reasons for the relocation and the reasons one parent is objecting to it.
• Any other relevant factor.

The court will make its final decision based on the best interest of the child.

Contact Our Family Law Attorneys For More Information About Relocation

There are more aspects to relocation. For example, whether you need to relocate quickly, whether some reasons for relocation are private, and other factors that may be unique to your situation. For more information about relocation laws or how to raise objections to your co-parent’s relocation plan, consult Brown & Gould. Our family law attorneys in Oklahoma can help.