Relocation is usually a contentious issue as it relates to child custody. Whether or not the custodial parent can move to another state with the children depends on a number of different factors. Here are the requirements that must be met before your ex can leave the state with your children.
Notice of relocation
If your former spouse plans to move more than 75 miles away from his or her primary residence with your kids, he or she must first provide you with a notice of relocation.
This notice must specify:
- The intended new address, including the specific address, if known;
- The new mailing address, if not the same;
- The home telephone number, if known;
- The date he or she intends to move;
- A brief statement of the reasons why he or she wishes to relocate, if applicable; and
- A proposal for a new visitation schedule.
Additionally, the notice must be given to you at least sixty days before the intended move or your ex will be ordered to return the children.
If you wish to object formally to the proposed relocation, you should do so as soon as possible. if you object too late, your ex may be allowed to relocate despite your disapproval. The law gives you thirty days from the date you receive notification to obtain a temporary or permanent order preventing the move.
At that point, you can ask the court to decide if 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 whether or not notice of the proposed relocation was given in time and whether or not the move is in the children’s best interest. The latter determination will be made based on 1) the children’s relationships with each of their parents, 2) how the move will affect the children’s relationship with the non-relocating parent and 3) the amount of familial support (or lack thereof) at the proposed destination.
What happens if your ex is allowed to leave?
If the court finds that your ex has met all of the legal requirements for relocating with your children, and the move does not threaten the children’s welfare, the move will be allowed.
However, your ex will still be required to adhere to all obligations set forth in your divorce decree, which will remain enforceable across state lines under Article IV of the U.S. Constitution (the full Faith and Credit clause). This provision requires each state to uphold the “public acts, records, and judicial proceedings of every other state.”
Confidential Consultation: Sapulpa Family Law Attorney
For more detailed information on how you can object to your ex leaving the state with your children, contact an experienced family law attorney before it is too late.
For a free consultation with a Sapulpa family law attorney, call the Wirth Law Office – Sapulpa attorney at (918) 248-0067 or toll-free at (888) 947-8452. You may also submit the question form at the top right of this page. Either way you reach out to us, we will promptly respond to your legal concerns about family law matters.