Under Oklahoma law custodial parent has the presumption to decide where the child lives. However, if a custodial parent wishes to relocate a child more than 75 miles from the current residence then notice must be giving. Title 43 section 112.3 governs this process. This requirement should also be written into any Decree of Dissolution of Marriage or Decree of Paternity.
The statute requires notice to be given sixty (60) days prior to the move or no more than ten (10) days from the date the person knows the required information. The notice must be mailed to the non-custodial parent and include the following:
a. the intended new residence, including the specific address, if known,
b. the mailing address, if not the same,
c. the home telephone number, if known,
d. the date of the intended move or proposed relocation,
e. a brief statement of the specific reasons for the proposed relocation of a child, if applicable,
f. a proposal for a revised schedule of visitation with the child, if any, and
g. a warning to the nonrelocating parent that an objection to the relocation must be made within thirty (30) days or the relocation will be permitted.”
It is important to note if an objection is not made within thirty (30) days the relocation is permitted. If an objection is made then the non-custodial parent should request an immediate temporary order hearing for the court to determine if the child may leave the state.
Please contact our office for more information and to discuss specifics of your case.