QUESTION

Do I have no rights to my child if I moved to another state with my new girlfriend?

Asked on Nov 28th, 2012 on Child Custody - Oklahoma
More details to this question:
Me and my wife has been separated over a year. After we separated I started traveling for work and met my girlfriend and I'm settling down with her in Florida. My wife told me today because I left the state I have no rights to my daughter anymore is that true?
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2 ANSWERS

Adoption Attorney serving Oklahoma City, OK at Crabb, Ferguson & Riesen
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Your parental rights are not affected by your move out of state. If no orders have been entered, such as in a divorce, the visitation or custodial periods to which you may be entitled can be adjusted to permit time with your child during school breaks, since weekends are not feasible due to the distance involved.
Answered on Dec 02nd, 2012 at 6:49 PM

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Administrative Law Attorney serving Edmond, OK at Jencks Law Firm P.L.L.C.
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Your wife is incorrect. You haven't lost any legal right to your child by moving, however, you have made it more difficult and expensive to visit with your child. Additionally, a judge may not want the child staying in the same house with your girlfriend present, especially since you are not divorce yet. Either of you can file for divorce but it will have to be done in Oklahoma where the child is. The court will order visitation for you. You can ask that mom meet you half way but she may object because you chose to move so far away. Usually the parents split the cost. If the child is in school, unless you get full custody, you will get visitation for most of the summer and the long holidays. Mom will have the child during the school year. If you want to visit your child and your wife refuses, it is up to you to file for divorce and visitation rights to enforce your rights. Otherwise, you are at the mother's mercy. Additionally, you should be paying child support regardless of whether a divorce has been filed or not. It would not look good for you in court if you have not been paying support.
Answered on Nov 30th, 2012 at 6:21 AM

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