When parents share custody of a child in Creek County, one of the most difficult issues that can arise is when a parent wants to relocate. Moves for new jobs, remarriage, family support, or financial reasons are common—but when a child’s residence is involved, Oklahoma law places strict requirements on parents before relocating. Understanding these rules is important, because failing to follow the relocation statute can result in legal penalties or even changes to custody.
Understanding Oklahoma’s Child Relocation Law
Oklahoma’s relocation law applies when a parent wants to move more than 75 miles away from their current residence for more than 60 days. This law is set out in Title 43 of the Oklahoma Statutes and requires the relocating parent to give the other parent advance written notice.
These laws are designed to protect the child’s best interests by ensuring both parents have an opportunity to maintain a strong and meaningful relationship with their child—even when distance becomes a factor.
Relocation issues often arise in Creek County family courts when parents disagree about whether the move is necessary, reasonable, or in the child’s best interests.
When Is a Parent Required to Notify the Other Parent?
A parent must give relocation notice when:
- The move is more than 75 miles away,
- The move is intended to last for more than 60 days,
- The parent has custody or shares joint custody, or
- The move would affect the other parent’s visitation or involvement.
The notice must be provided at least 60 days before the move, unless special circumstances make that impossible. The written notice must include:
- The new address (if known),
- The reason for the relocation,
- A proposed new visitation schedule,
- A statement informing the other parent of their right to object.
Failing to provide proper notice can result in contempt of court, lost custody time, or the court prohibiting the relocation.
The Court Process in Creek County
If the non-relocating parent objects to the move, the court will schedule a hearing to determine whether relocation is permitted. The following steps typically occur:
1. Filing an Objection
The non-moving parent must file an objection within 30 days of receiving the relocation notice. Creek County district courts handle these objections promptly, especially when the move is imminent.
2. Temporary Orders
The court may issue temporary orders to maintain the status quo until the full hearing. This may include:
- Temporary restrictions preventing the move,
- Temporary custody or visitation adjustments,
- Orders preventing the child from being moved out of school or daycare.
3. Relocation Hearing
At the hearing, each parent has the opportunity to present evidence. The judge examines several factors, including:
- The reason for the move,
- The impact on the child’s schooling and community,
- The child’s relationship with both parents,
- Whether the move will improve the child’s quality of life,
- The feasibility of preserving the relationship with the non-moving parent,
- Any history of domestic violence or safety concerns,
- Each parent’s past behavior regarding co-parenting and compliance with court orders.
The court must decide whether the move is in the child’s best interests, not the relocating parent’s preference alone.
4. Final Orders
After hearing all evidence, the judge may:
- Approve the relocation and modify visitation,
- Deny the relocation and leave custody as is,
- Deny the relocation and modify custody in favor of the non-moving parent,
- Approve a partial relocation or alternative schedule.
These decisions depend on the unique facts of each case and the child’s overall well-being.
Common Issues in Creek County Relocation Cases
Parents facing relocation disputes often encounter issues such as:
- Disagreements about whether the move benefits the child,
- Concerns about disrupting school, childcare, or family relationships,
- Fear that distance will damage parent-child bonding,
- High-conflict relationships impacting communication,
- Claims that the relocating parent is acting in bad faith,
- Requests for supervised visitation or modified joint custody.
Because relocation cases involve significant changes to a child’s life, Creek County judges examine the evidence closely.
Creek County Child Custody Attorneys
Relocation cases are among the most challenging family law disputes in Oklahoma. When a parent wants to move with a child, the legal requirements are strict, and the consequences for ignoring them can be severe. Understanding the relocation statute and preparing for the court process can help parents protect their rights and stay actively involved in their child’s life. No matter what kind of custody issues you’re facing, our team at Creek County Attorneys can help you. Call us at 918-209-3709 for a free and confidential consultation or ask a legal question here.
