Relocation is often a contentious issue when it concerns child custody. It is not uncommon for the noncustodial parent to object to his or her kids moving out of state. In these cases, the right of the custodial parent to relocate with the kids will depend on a number of different factors. If you are a noncustodial parent, here is what you need to know to stop your ex from moving to another state with your kids. For more detailed information, contact an experienced attorney who is familiar with family law in Muskogee.
How to Object to Your Ex Relocating to Another State with Your Kids
To raise a formal objection to your ex relocating with your kids, you must do so in a timely fashion. Family law in Muskogee gives you 30 days from the date you receive notice of the proposed relocation to obtain a temporary or permanent order preventing the move. If you wait longer than 30 days to file an objection, your ex may be allowed to relocate despite your disapproval.
Once you have filed an objection and received a temporary order preventing the move, you can then petition the court to look into whether the proposed relocation is being made in good faith or if it is merely an attempt to deprive you of your visitation rights. The major factors in the court’s decision will be:
A. Whether or not notice of the proposed relocation was given in time.
Family law in Muskogee requires that your ex provide you with a notice of relocation 60 days prior to moving more than 75 miles away from his or her primary residence with your kids. This notice must specify:
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his or her intended address at the new state, including the specific address, if known.
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his or her new mailing address in the new state, if not the same as the one provided above.
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his or her home telephone number at the new address, if known.
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the actual date he or she intend to relocate.
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a statement of explaining the reasons for the relocation, if applicable.
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a proposed new visitation schedule.
If your ex relocates with your kids without providing you with this notice at least 60 day before moving, he or she will be ordered to return the children.
B. Whether or not the move is in the children’s best interest as it relates to:
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their relationship with each of their parents.
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how the move will affect the children’s relationship with the non-relocating parent.
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the amount of familial support (or lack thereof) at the proposed destination.
If the court finds that your ex has met all of the legal requirements for relocating with your children and that the move does not threaten the children’s welfare, the move will be allowed.
However, pursuant to Article IV of the U.S. Constitution (the full Faith and Credit clause), which requires each state to uphold the “public acts, records, and judicial proceedings of every other state,” your ex will still be required to adhere to all obligations set forth in your divorce decree or separation agreement, even after having relocated to another state.
Confidential Consultation: Muskogee Family Lawyer
For more detailed information on how you can object to your ex leaving the state with your children, contact a skilled attorney who is experienced in family law in Muskogee before it is too late. Contact the Muskogee lawyers at the Wirth Law Office – Muskogee for a low-cost, confidential consultation today at (918) 913-0725 or call toll-free at (888) 947-8452. If you prefer to contact us by email, use the form at the top of this page.
