Broken Arrow, OK asked in Family Law for Oklahoma

Q: Mu husband and I have guardianship of our two nieces and needed to know what the regulations were on relocating/moving.

My husband drives 45 minutes to work and back every day and we are wanting to move close to his work. This would make us and the kids 60 minutes from the biological father who sees the girls once a week. Is this something that has to be addressed in court?

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1 Lawyer Answer

A: If you want to move a distance of less than 75 miles, you don't have to do anything. You can move.

If you want to more a distance of more than 75 miles, you have to notify each adult entitled to the visitation of the child. To do this, follow the instructions in Okla. Stat. tit. 43 sec. 112.3.

Okla. Stat. tit. 43 sec. 112.3 says:

"5. "Relocation" means a change in the principal residence of a child over seventy-five (75) miles from the child's principal residence for a period of sixty (60) days or more, but does not include a temporary absence from the principal residence.

B. 1. Except as otherwise provided by this section, a person who has the right to establish the principal residence of the child shall notify every other person entitled to visitation with the child of a proposed relocation of the child’s principal residence as required by this section.

2. Except as otherwise provided by this section, an adult entitled to visitation with a child shall notify every other person entitled to custody of or visitation with the child of an intended change in the primary residence address of the adult as required by this section.

C. 1. Except as provided by this section, notice of a proposed relocation of the principal residence of a child or notice of an intended change of the primary residence address of an adult must be given:

a. by mail to the last-known address of the person to be notified, and

b. no later than:

(1) the sixtieth day before the date of the intended move or proposed relocation, or

(2) the tenth day after the date that the person knows the information required to be furnished pursuant to this subsection, if the person did not know and could not reasonably have known the information in sufficient time to comply with the sixty-day notice, and it is not reasonably possible to extend the time for relocation of the child.

2. Except as provided by this section, the following information, if available, must be included with the notice of intended relocation of the child or change of primary residence of an adult:

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."

To see the full text of Okla. Stat. tit. 43 sec. 112.3, click here:

https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=388969

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