Children tend to thrive more when they are in a stable environment that provides consistency as well as love and affection. On the other hand, there may be times when a custodial parent wants to or needs to move further away from a non-custodial parent, potentially disrupting a child’s accustomed lifestyle. This can be an issue in light of applicable laws regulating parental relocation in Wagoner County, Oklahoma.
Understanding Parental Relocation Laws in Wagoner County
Parental relocation cases can be complex and emotionally charged, especially when one parent wants to move a significant distance away with the child. In Wagoner County, Oklahoma, there are specific laws that govern parental relocation to ensure the best interests of the child are protected. It is important to understand these laws and how they may impact your case.
Under Oklahoma law, if a custodial parent wishes to relocate with a child more than 75 miles away from their current residence for a period of more than 60 days, they must provide notice to the other parent and seek permission from the court. This is to ensure that the non-custodial parent has an opportunity to object and present their case for why the move is not in the child’s best interests.
Proper Notice of Relocation From Custodial Parent
There are certain requirements that you need to meet as a custodial parent if you are legally required to provide notice for your relocation with your child. You will need to send the notice in writing within 60 days of the proposed date of relocation. However, if providing notice with that much time in advance is not possible for you for some reason, you will need to provide this notice as soon as it is reasonably possible. Note, that you must still provide this written notice no later than 10 days after you had decided that a move is necessary. Failure to comply with these laws can result in legal consequences.
In order to fulfill legal requirements the notice must provide the following information to the non-custodial parent:
- Proposed new address, including the mailing address
- Date of the proposed relocation
- The home phone number
- The specific reasons for moving
- A proposed new visitation schedule for the non-custodial parent to visit the child
- A statement informing the non-custodial parent has 30 days to file an objection to the relocation, otherwise the court will automatically allow the custodial parent to make the proposed move
Failing to meet these requirements when providing the notice can result in the court rejecting the proposed relocation plans. On the other hand, if you are the non-custodial parent not filing an objection within the allotted time can mean the court granting the proposed move without a hearing. This would mean you have no input into what happens with your child. A Wagoner family law attorney can ensure, whether you are the custodial or non-custodial parent, that your parental rights are protected.
Factors Considered by the Court in Parental Relocation Cases
The court’s primary concern is always the best interests of the child. This is the objective when the court is weighing the relevant factors surrounding the proposed relocation. The court will consider various factors, including the reason for the move, the impact on the child’s relationship with the non-relocating parent, the child’s preference (depending on their age), and the potential disruption to the child’s education and social life.
In Oklahoma, the court will also consider the existing custody arrangement and whether the move will significantly impact the non-relocating parent’s ability to maintain a relationship with the child. It is essential for parents involved in a relocation case to seek legal advice from an experienced Wagoner family law lawyer to understand their rights and options.
If the court believes that the custodial parent is not making the request in good faith and is simply trying to make things difficult for the other parent on purpose then the court will reject the proposed relocation. The court will do the same for any other bad faith reasons as well. Therefore, you need to make sure to present the reasons for requesting relocation carefully in the written notice. A Wagoner family law attorney can assist in making sure the language you use in the notice is within the bounds of what is likely acceptable to the court.
Consult with a Wagoner Family Law Attorney
If you are facing a parental relocation issue in Wagoner County, Oklahoma, it is crucial to seek legal guidance from a Wagoner family law attorney who can navigate the complexities of these cases. The attorney will be able to help guide you through the entire process, including drafting the notice of relocation, if you are the custodial parent. You can also have the Wagoner family law attorney represent you in the court hearing.
If you are the non-custodial parent objecting to the proposed relocation, the Wagoner family law attorney will be able to prepare you for your court hearing by presenting you with potential legal strategies you may want to employ to argue your case. The Wagoner family law attorney will also represent you in court and present the argument on your behalf.
Hire an Attorney at Wirth Law Office – Wagoner
The Wirth Law Office – Wagoner team is dedicated to protecting your rights and advocating for the best interests of your child. We have attained the best legal talent in Wagoner County, Oklahoma. Contact the Wirth Law Office – Wagoner today at (918) 879-1681 for a low-cost consultation to discuss your case and learn about your legal options.
