If your ex is planning to move to another state with your children, you may be able to stop the move by lodging a formal objection with the family court. Read further to learn about family law in Tahlequah and how it can help you prevent your ex from relocating your children.
How to Object to Your Ex Relocating to Another State with Your Kids
Let’s assume your ex has primary physical custody of your children. If they plan to relocate more than 75 miles away from their current address with your children, they must formally notify you at least 60 days in advance. Their notice must include the following details:
- Their new residential address in the new state, including the specific address, if known.
- Their new mailing address in the new state, if not the same as their residential address.
- Their new home telephone number in the new address, if known.
- The actual date of the intended move.
- A statement explaining the reasons for the move, if applicable.
- Their proposal for a new visitation schedule.
If your ex relocates with your kids without formally notifying you (as described above) at least 60 days before moving, they will be ordered to return the children.
Filing an Objection in a Tahlequah Family Court
According to family law in Tahlequah, to object to the proposed relocation, you must file a formal objection with an Oklahoma family court within 30 days of the date upon which you received notice of the relocation. File later, and your ex may be allowed to relocate with your kids despite your objection.
If you file the objection in time, a temporary order preventing your ex from relocating with your children will be issued. This will allow you time to petition the court to review the proposed relocation to determine if it is being proposed in good faith and in the best interests of your children or if it is simply an attempt by your ex to deprive you of your parental rights.
In making this determination, the court will evaluate a number of different factors, primarily:
- Whether notice of the proposed relocation was given to you in time.
- Whether the move is in the children’s best interests as it relates to:
- their relationship with each of their parents;
- the effect the move will have on the children’s relationship with you; and
- the amount of familial support (or lack thereof) at the proposed destination.
If the court determines that your ex has met all of the legal requirements for relocating with your children and that the move is not contrary to the best interests of your children, your ex will be allowed to proceed with the relocation.
It should be noted, however, that if your ex is allowed to relocate to another state with your children, they will still be required by law to fulfill all obligations set forth in your Oklahoma divorce decree or separation agreement. This is 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.”.
For more on family law in Tahlequah, speak with an experienced family law attorney.
Free Consultation: Tahlequah Family Law Attorney
We’re here to listen to your many questions as you deal with family law issues such as child custody, child support, and divorce.
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