QUESTION

What is the law in Oklahoma regarding moving out of state when you have sole legal custody?

Asked on Jan 21st, 2013 on Child Custody - Oklahoma
More details to this question:
I have soul legal custody of my seven-year-old daughter and am living in Muskogee, Oklahoma. My ex lives in Tahlequah, OK. I have lived in Muskogee for 2 years now. The current custody arrangement has been in place for 10 months. I have received a job offer in Arizona. I would like to move but do not want to risk losing my daughter by going to court. What is the law in Oklahoma regarding moving out of state when you have soul legal custody? My ex currently has supervised visitation 1 hour a week. I’m willing to give her the entire summer if I move, which in turn will give her more visitation with are daughter as long as i get her during the school year. Also the reason she has supervised visitation is because she did not show up in court and she did not allow me to see are daughter she was hiding for the past 3 years not to mention we had a joint custody agreement by the courts which she violated.
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1 ANSWER

Relocation of either parent is governed by Oklahoma Statutes Title 43 Section 112.3 if the relocation is for more than 75 miles away and not a temporary matter. Whenever either party intends to move his or her primary residence or the primary residence of the children over seventy-five (75) miles for a period of sixty (60) days or more when such move is not a temporary absence from the children's principal residence, the relocating party shall furnish the following information to the other party: a. the intended new address, including the specific address, if known; b. the new mailing address, if not the same; c. the home telephone number, if known; d. the date of the intended move or proposed relocation; e. a brief statement of the specific reasons for the proposed relocation of the child, if applicable; and f. a proposal for a revised visitation schedule with the children. The relocating party shall give notice of the relocation and change of address to the other party sixty days preceding the relocation. If the relocating party did not know, and could not have reasonably known of the change in sufficient time to provide a sixty-day notice, then such party shall give notice on or before the tenth day after the date that he or she knows of the change. The obligation of a party to give notice and to provide the information set out above shall continue so long as custody or visitation occurs with a child covered by this order. The failure of a party to give notice and to provide the information set out above may result in further litigation to enforce the order, including contempt of court. Failure of a party to give notice of the children's relocation may be taken into account in a modification of custody and/or visitation or access to the children. The Court may assess reasonable attorney fees and costs against a party who fails to give the required notice. The party who receives notice that the children will be relocated has thirty (30) days to seek a temporary or permanent order to prevent the relocation. If he or she does not request a hearing within thirty (30) days, the relocation will be authorized.
Answered on Jan 24th, 2013 at 8:00 PM

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