Relocating with your child after divorce

On Behalf of | Apr 28, 2023 | Child Custody

The court proceedings are over, and after months and months of negotiation, you are finally divorced. You would like to relocate with your child but are unsure whether you can. Even though you have sole custody of your child, the other parent still visits now and then.

Is relocation with a child possible after divorce?

It depends. In Oklahoma, a custodial parent has a right to relocate with their child if they have sole custody and the court allows them to do so. The court will consider factors relating to the benefit of the child in allowing or denying the motion.

Why is it necessary to go through the court system for relocation with a child?

Even though Oklahoma law acknowledges that a custodial parent has the right to relocate with their child, there are instances when the courts must become involved. This is true when the move is more than 75 miles away from the primary residence of record for a period longer than 60 days. In these situations, the relocating party must show that the relocation is in good faith and not an attempt to circumvent the other parent’s visitation schedule.

Can the other parent stop the relocation?

Once the relocating parent has shown that the move is being done in good faither, the non-relocating parent must show that the move is not in the child’s best interest if they wish to prevent the relocation. Without evidence of that, the move will likely be permitted, though visitation could be modified considering the other parent. However, visitation is not enough to stop relocation from happening.

Child custody matters can be complicated, and these complexities do not end just because the divorce is final. Remember that the court will be involved in issues involving the child while they are minors, and parents are subject to child custody laws of Oklahoma and the jurisdiction where they filed for divorce and where a child custody order is in place.