Knowing if you can move with your children after getting a divorce in Wagoner County is an important worry to have. The biggest part of a Wagoner County Oklahoma divorce is the child custody arrangement. Many divorced parents have a custody and visitation arrangement in place if they share parenting duties with someone else. Generally, this requires some type of court paperwork to be in place. However, with disruptions in the economy and job changes, sometimes a parent with primary custody wishes to relocate with a child. This brings several legal questions to the table. Relocation with a child is allowable under Oklahoma law in certain circumstances. Below is information that can help you when moving a child or children after getting a divorce.
Oklahoma Divorce and Relocating
Oklahoma divorce law allows relocation with a child in 43 O.S. 112.2A:
“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.”
This statutes allows relocation that does not hinder the “rights or welfare” of a child. What exactly does this mean? Well, if the parent with primary custody is moving simply to impair the non-custodial parent’s relationship, relocation will likely be denied. In other circumstances, if the parent is moving in with someone who has a violent criminal record, it is unlikely the court would allow the child to remain in the custody of that parent. Instead, courts can and sometimes do modify the custody order and give the primary rights to the other parent.
Implications for Moving With a Child
Essentially, if you have primary custody of your child after a Wagoner County Oklahoma divorce and you have the opportunity to relocate, you generally can. However, you must show a good faith reason to relocate. The purpose cannot be to alienate the other parent. Similarly, the wishes of a non-custodial parent to continue the current custody arrangement are not a valid reason to stop relocation.
As long as you put the child in a similar or better situation, then it will likely be okay with the courts. Law considers the relationship between the child and the primary custodian as the paramount concern. Nonetheless, courts will attempt to modify the custody arrangement in a way that mimics the current order in fairness.
Questions on Parental Preference in Custody Proceedings? See Our Blog Here.
Wagoner Custody Attorneys
When moving a child or children after getting a divorce, it’s crucial to get the right legal advice and counsel. Our Wagoner County Oklahoma divorce attorneys have the necessary skills and experience to help you. We can navigate the legal process of any custody modification and relocation issues. Over the years, we have helped hundreds of parents through custody battles and modification orders. Thus, our experience is an invaluable tool in making sure the system works for you. Call us today for a free consultation at 918-283-7394, or if you have a legal question Ask A Lawyer Here.
