Question:
My ex-wife wants to move with our three children into her boyfriend’s house.
Does she have the right to relocate with the children?
Answer:
First, let me preface my answer by stating that I am not licensed to practice law in the state of Oklahoma. The information in the article is general in nature. You should contact an attorney in your jurisdiction immediately to discuss your options.
You must first determine if your former wife has the right to relocate the children. In order to do this, she would have to be the primary physical custodian of the children. If she does have the right to relocate the children, she must give you notice of the intended relocation if it is over 75 miles from the children’s current custodial home.
If you oppose the relocation, you should file a petition with the court to contest it. When deciding if a proposed relocation should occur, the court considers the relationship with both parents and other persons important in the children’s lives, the age and needs of the children and how the relocation will impact them, the feasibility of preserving the relationship with the parent who is not relocating, the children’s preference (if found to be old enough and mature enough to express a preference), whether the move is to thwart your relationship with the children, whether the move will enhance the children’s quality of life, the reasons for the relocations, and any other factor affecting the best interests of the children.
You should contact an attorney who is licensed in Oklahoma to further discuss the specifics of your situation. Cordell & Cordell does represent men in divorce in Oklahoma.
Jill A. Duffy is an Associate Attorney in the Troy, Mich., office of Cordell & Cordell. She is licensed to practice in the state of Michigan. Ms. Duffy received her BA in Psychology and Spanish and graduated Magna Cum Laude from Oakland University. She received her Juris Doctor from Michigan State University College of Law and graduated Magna Cum Laude.
