Most people have the right to travel throughout the United States as they please. However, there are limits on this right when it comes to bringing a minor child along with you when the other parent has custody or visitation rights. Child custody or visitation orders often prevent a parent from bringing a child along for a long-distance move without a court order.
When you desire to relocate with your child, it could benefit you to speak with a practiced family attorney from The Smith Firm right away. These requests are not always granted by the court, and hearings are often contentious. Let an Oklahoma City relocation lawyer help you navigate the system and get the right outcome for you and your child.
Moving with a child does not always require court approval. Unless otherwise prohibited by a court order, the law allows a parent with custody of a child to move up to 75 miles away from their primary residence without approval from the court.
There is a presumption under the law that it benefits a child to have a relationship with both parents. The courts also prefer that a child enjoys a stable living arrangement. For that reason, judges must approve long-distance moves to ensure the rights of the child and the other parent are protected.
Relocation is possible for any adult who has the right to establish a child’s primary residence, which could include a parent who has sole physical custody. However, a parent who shares physical custody over their children could also file a motion with the court to relocate.
Typically, requests to relocate are opposed by the other parent. If they are not, and both sides are in agreement, the judge is unlikely to object. However, the hearing set by the judge could be contentious if the other parent objects to the move.
The final decision to relocate is ultimately made by the judge at the hearing. Each parent has the right to hire an Oklahoma City relocation attorney to make their case at this crucial hearing.
A parent – even one with sole physical custody of a minor child – cannot relocate on a whim. Before they can move away or petition the court for approval, they must notify all interested parties of their plans.
Generally, this means serving the other parent with notice of an impending hearing related to the relocation request. This requirement could also apply to grandparents who have previously been awarded visitation with the minor.
This notice must be given at least 60 days before the move will take place. The notice should also provide information regarding the proposed new address, contact information for the relocating parent, and the date of the move.
Failing to provide this notice can lead to the denial of the petition. There are exceptions, however, that allow for moving without notice in cases where domestic violence has occurred. A relocation attorney in Oklahoma City could ensure a parent meets all notice requirements.
Whether you desire to relocate or are fighting against your co-parent’s efforts to move away, you have the right to hire an attorney to advocate on your behalf. These cases can be difficult, especially when you are acting as your own legal counsel.
Let an Oklahoma City relocation lawyer fight for you. Call The Smith Firm as soon as possible to get started.