Relocating With a Child After Divorce requires that certain conditions are met before a parent can relocate with children of the prior marriage. There are many reasons people will leave their home after a divorce. Sometimes it’s to be closer to family, sometimes it’s for a job. But if you have a custody agreement, making a move can be complex. For instance, relocating with a child after divorce has some legal ramifications. If you are looking at relocation, or your ex-spouse is wanting to take your child out of state, this article will explain more.
Relocating with a Child after Divorce and Oklahoma Laws
A recent Oklahoma case, Boatman v. Boatman, addresses the issue of relocating with a child after divorce. Under Title 43 §112.2A, the law allows a parent the right of relocating with a child. It says, “a parent entitled to the custody of a child has a right to change his [or her] residence….”. The Boatman case explains this more. It holds that a parent with primary custody has the ability to relocate. However, a parent with joint custody alone does not.
Further, if you are the primary custodian of a child your relocation must be in good faith. This means that you must be moving for a purpose that will help you and your child’s standard of living. As a result, it may mean you have an employment offer, you want to be closer to extended family, or you want to move from a negative situation. If you are moving simply to separate the child from your ex-partner, then the court will consider it a bad faith move. Thus, the court may deny the move and give the other parent primary custody.
Child Support Questions Regarding Your Custody or Divorce? See Our Blog For Answers.
What Effect Can a Non-Custodial Parent Have on the Move?
When considering a relocation, you may have some questions about what the non-custodial parent’s rights are. If the non-custodial parent opposes your relocation solely on the basis of wanting to keep the child geographically close, this will likely not stop a relocation. Courts maintain that once primary residence and custody is set, the relationship between the custodial parent and the child is the primary concern. As a result, the non-custodial parent still has rights of visitation which are modifiable, but the primary parent generally gets the final decision on residence.
Child Custody Lawyers in Claremore
If you face relocation issues and need modifications to your custody agreement, our attorneys can help you. We serve hundreds of clients each year and have the experience necessary to walk you through the legal channels and help you with the divorce process and child custody issues. Your first consultation is free. Call us today 918.379.4872
