As much as anyone, a Wagoner divorce lawyer knows divorce can be a tumultuous time. Whatever the circumstances involved in your Wagoner divorce, one thing is certain — it is a time of great upheaval and change.
At the end of a divorce, spouses often want a fresh start. Without ties to a former spouse, factors in favor of distant opportunities can be weighed in a different light. Sometimes that means moving away not just from the family home, but out of state. However, relocating out of state can be complicated when children are involved.
An Oklahoma Divorce Court Maintains Jurisdiction Over Minor Children
When children are involved, the court in which you file for an Oklahoma divorce will keep jurisdiction over the children until they reach the age of 18. Issues of custody, visitation, and support can all be decided by this court.
If you want to move out of state with your children after a Wagoner, Oklahoma divorce, there are certain requirements that you must meet before you move away. These requirements are designed to give your ex-spouse time to object with the court.
Notice Requirement
A parent who wishes to relocate more than 75 miles away must notify the other parent of the proposed relocation approximately two months before the move, or within 10 days of learning of the move. Okla. Stat. tit. 43 § 112.3
The notice must contain a number of pieces of information. It must contain contact information for the parent. It must also contain the reason for the proposed move.
Perhaps most importantly, it must also contain a proposed plan for continued visitation with the children after the move. Continued contact with both parents is in the children’s best interest, and the court will try to facilitate that continued contact. The other parent has 30 days to file a formal objection with the court.
Once the notice is given, the burden to object belongs to the non-moving parent. If the parent doesn’t file an objection within 30 days, the objection is deemed to be waived and you can move with the children.
If you move without giving the proper notice and allowing the non-moving parent time to object, the Oklahoma divorce court may order the children returned to the home state and may assess costs and attorneys’ fees against you.
If you are considering moving out of state with your children, it is imperative that you contact an experienced Wagoner attorney as soon as possible to make sure that all notice requirements are met.
If the non-moving parent objects with the court in a timely fashion, the Oklahoma divorce court will hold a hearing on the matter. You should also make sure that you are prepared and represented for that hearing. Find an attorney in Wagoner who knows how to represent you in a parental relocation case.
Initial Strategy Session: Wagoner Divorce Attorney
When your marriage plans unravel, get the best legal counsel available. Don’t go it alone. Get an experienced, reliable Wagoner divorce attorney on your side.
Call Wirth Law Office – Wagoner at 918-485-0335 today to schedule your initial consultation.
