Legal Information: Oklahoma

Custody

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Updated: 
December 8, 2023

If there is a custody order in place, can I relocate with my child?

If your home is your child’s primary residence, you may need to notify the other parent if you want to relocate. If you are moving less than 75 miles away, you may want to contact an attorney to ask if there’s anything you need to do before moving. 

However, if you plan to move more than 75 miles away for 60 days or more, you must give the other parent a written notice of intended relocation.1 The notice must be sent by mail to the last-known address of the other parent, and you must send it at least 60 days before you intend to move. If you did not know about the move 60 days in advance and you can’t delay the move, you have to send it within ten days of finding out about the move.2

The notice needs to include the following information:

  1. where the new residence will be, including the specific address, if known;
  2. the mailing address, if different;
  3. the home telephone number, if known;
  4. the date of the intended move or proposed relocation;
  5. if applicable, the specific reasons for the proposed relocation;
  6. a proposal for a revised schedule of visitation with the child, if any; and
  7. a warning to the non-relocating parent that s/he must object to the relocation within 30 days, or the relocation will be permitted.3

If the judge believes that you or your child would be in danger by giving the required identifying information in the notice, the judge can:

  • order that the address, telephone number, and other identifying information is not included on court documents;
  • waive the notice requirements as necessary to protect you and your child;
  • order anything else that the judge thinks is necessary to meet the parties’ needs, and that is in the child’s best interest.4

If the other parent disagrees with the move, s/he has to file an objection in court within 30 days of receiving the notification.  The other parent can request a temporary or permanent order to prevent the relocation.5 Note: A non-parent with a visitation order cannot legally object to the relocation but can file for a new visitation schedule.6

If you don’t properly notify someone who has custody or visitation rights about the relocation, the court may take that into account when determining whether or not:

  1. to allow you to move; 
  2. to change the custody or visitation arrangements; or
  3. to make you pay any attorney fees and costs of the other party who objects to your relocation.7

If the relocation has taken place without notice, this can be the reason why the judge orders the child’s return.7

1 43 O.S. § 112.3(B)(1)
2 43 O.S. § 112.3(C)(1)
3 43 O.S. § 112.3(C)(2)
4 43 O.S. § 112.3(E)
5 43 O.S. § 112.3(G)(2)
6 43 O.S. § 112.3(G)(3)
7 43 O.S. § 112.3(F)   

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