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Video Transcribed: Can’t I relocate my kids out of state during a divorce proceeding in Oklahoma? I’m Tulsa divorce attorney James Wirth. That’s the question: Can I relocate my kids out of state while a divorce occurs? And the answer to that is generally going to be no, but there are some exceptions.
So let me let you know how it all works together. So when a divorce petition is filed in the State of Oklahoma, it is served under Oklahoma law with a summons and an ATI, that’s the automatic temporary injunction. And once that is served on the respondent, that automatic temporary injunction is an injunction that is in place under Oklahoma law.
And it provides that everything needs to be done according to the normal course of business, which means you cannot move the kids out of state. You can take a vacation. I think it says up to maybe two weeks, but anything beyond that will violate the automatic temporary injunction.
Now, you can get around the automatic temporary injunction if there is an agreement by both parties. So if both parties agree, you can waive the automatic temporary injunction, which would not prevent you from moving the kids out of state.
However, normally in these cases, you want to move forward pretty quickly to get temporary orders regarding custody, visitation, and child support.
Once those temporary orders are in place, then the relocation statute is triggered. The relocation statute provides if a parent is entitled to custody rights and visitation rights, the other parent cannot relocate the kids 75 or more miles away without first giving 60 days advanced notice and the opportunity to object to the other party.
So if there’s already an order in place related to custody visitation, then you cannot relocate without first giving 60 days of advanced written notice that must comply with the statute, which lists several things you got to tell them that then gives the other party 30 days to file an objection and then gives the court 30 days to have a hearing on that objection before the 60 days. Generally speaking, that will prevent a relocation while a divorce is pending.
So what is the exception? When can you relocate when the divorce is pending? Generally, when that happens, it happens when that is an issue at the temporary order hearing.
So if you’ve got a plan where you need to relocate, it’s important for you, or typically important for the children’s best interest, then you’d request a temporary order allowing your custody and to relocate the child, have a hearing on that.
The court would have to determine what’s in the child’s best interest for that to occur while the divorce is pending. The proper way to do it is you need prior court approval as part of a temporary order.
So hopefully, it answers your questions regarding the relocation. But this general video will not be enough for you if you deal with that circumstance.
You’ll need to talk to an attorney privately and confidentially about your specific circumstances to get legal advice, to schedule that with a Tulsa divorce lawyer at my office, you can go online to makelaweasy.com.
