Moving a Child After Creek County Custody order is in place isn’t always simple. After a divorce or paternity case occurs a parent will often have opportunities that require them to leave the state. Where does this leave custody agreements? Relocating with a child after a divorce or paternity determination can be a tricky process. The court will consider several different factors when looking at a custody modification for the purposes of relocating with a child.
Statutes in Oklahoma
“A parent entitled to the custody of a child has a right to change his residence, subject to the power of the district court to restrain a removal which would prejudice the rights or welfare of the child.”—43 O.S. 112.2A
Therefore, you can see the law allows a parent to change a residence with a child after a divorce. However, there are certain stipulations. For instance, you cannot endanger or negatively affect the rights of the child when relocating. So, if you are relocating with a child in order to live with someone listed on the Sex Offender Registry, the court likely will not allow you to modify the custody agreement. In fact, attempting to relocate with a child in a situation like this will either bar the move or custody of the child—if you move anyway—may be given to the other parent.
It is also important to note that a non-custodial parent does not have the right to relocation with a child. The non-custodial parent may move from the area, but cannot take the child. Thus, the only parent with authority to change a child’s residence is custodial parent.
Relocation with a Child and Legal Effects
Moving a Child After Creek County Custody order requires you meet certain conditions. Again, the law will allow a custodial parent the right of relocation with a child. Simply because the non-custodial parent may oppose the move does not mean you will lose custody. The court generally approves moves that put the child in a similar or better situation. So, living closer to immediate relatives, having a job transfer with a higher income level, and other considerations generally are permissible reasons to relocate. The non-custodial parent, while being likely unable to stop the relocation, can apply for a modification of custody. This will allow the visitation schedule to modify in accordance with the new situation.
Creek County Family Attorneys
Our family law attorneys in Creek County can answer your questions on relocating with a child. If you are trying to relocate or if you are trying to stop a negative relocation, we can help you with either. Your first consultation is free, so you know if hiring an attorney is worthwhile in your situation. Call us today.