Child Custody Laws: Preventing Children From Moving States

advice on divorceQuestion:

Do child custody laws prevent an ex-wife from moving out of state with the children without permission from the husband?

My ex-wife wants to move our children 500 miles away and out of state.

Are there child custody laws that allow me to object to this move and prevent this from happening? A move of this distance would cripple my relationship with my children.

Answer:

This answer only includes general divorce help for men since I am only licensed to practice in Oklahoma and am thus unable to provide advice on child custody laws in your state.

Where I practice, in the absence of another child custody agreement by the parties, the parent who has the right to determine the primary residence of the child can relocate with the children, but must give notice to all other individuals entitled to exercise visitation at least 60 days before so that the non-relocating party can have an opportunity to object.

The question as to who has the right to determine the primary residence of the children can likely be answered by the divorce decree or child custody plan. If your ex-wife does not have the right to decide the children’s primary residence, she does not necessarily have the right to relocate them.

If you would like to fight the relocation, you need to file a formal objection to the relocation notice and ask the court to determine that either your ex does not have the right to relocate the children under the decree and/or that such a move is not in the children’s best interest.

You can also fight any potential changes in child support and transportation costs through this objection.

Read Related Articles:

Moving Out Of State

Please understand that my opinions are based upon the limited facts that you provided to me. For a more in depth discussion of fathers rights and advice on divorce, I urge you to contact a divorce lawyer.

To set up an appointment with a Cordell and Cordell mens divorce attorney, including Christian D. Barnard, an Associate Attorney in the Tulsa, Oklahoma, office, please contact Cordell & Cordell.

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4 comments on “Child Custody Laws: Preventing Children From Moving States

    no courts are involved
    my kid’s mom got out of prison last year and has had our children since. Long story short everything was fine, i took kids to see her while she was in, paid for her food etc…The kids 3-and-5 i took care of for two years by my self and had full time job. So they were perfectly fine. Well now ever since she has been out, our aggrements went down the drain more and more. Now she wants to move 5 states away…what should i do. She is on dshs and started working. I pay child support but we have yet to get any kind of written parent plan or such…Thanks

    my wife is having an ongoing adulterous affair w/ a black man. She is now wanting to take our 8 yr dtr and move w/ this man to Chicago. I do not WANT a divorce….but don’t know what to do. My dtr is a cheerleader, attends school, church, and has grandparents in town.
    PLEASE guide me….
    (Oklahoma)

    Child custody in a move
    I had a similar issue in Arizona — since she was granted sole custody, the courts really didn’t care about the move’s impact on my visitation rights.

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