QUESTION
Can we relocate out of state in the middle of a custody issue?
Asked on Jun 19th, 2014 on Child Custody - Oklahoma
More details to this question:
I am in the middle of a custody case. I currently have sole custody with mother having standard visitation. I am remarried and have 3 other kids. Our landlord sold our house and we have to be out by the end of June because new owner wants to sell it not rent it. We have tried to find a place but dead ends because of credit. So we applied in a different state where my wife is from and got approved. If we don't move, we will be without a home. Even though both of us work for a living, what can I do because the next court date is not until August and that is too far away for us. We want what's best for our family and this is the only option. It is an emergency for us. Can someone please let me know what I can do given this circumstance? This was all unforeseen we had no idea this was going to happen.
1 ANSWER
Middle of a custody case or operating under a normal order, there is a process to follow when wanting to move more than 75 miles away from the current location, in state or out. The first place to start is with consulting your existing counsel, assuming you have counsel. If not, I encourage you to obtain counsel, especially with this new wrinkle in your custody issue. Counsel is familiar with the relocation statute and the process, including seeking judicial approval for a move such as yours if the parents are unable to agree on their own. You can not simply up and move and say you had no choice. Well, you can, but the other side can haul you back into court if you do. I would not expect it to end happily from your perspective if you just move. If you did not feel you needed counsel before, your circumstances have changed and you need counsel.
Answered on Jun 23rd, 2014 at 8:54 AM