Posted by George H. Brown | Nov 30, 2023 | 0 Comments

At Brown & Flesch, PLLC, we're dedicated to assisting families in navigating the complexities of family law, particularly when it involves the intricate and sensitive issue of child custody. One area that frequently arises is relocation and how it significantly impacts custody arrangements under Oklahoma law.

Defining Relocation and Key Terminologies

Oklahoma's Relocation Statute, 43 Okla. Stat. Ann. § 112.3, clearly delineates essential terms related to relocation. For instance, "relocation" is defined as a change in the child's principal residence over a specified distance and duration. Understanding terms like "principal residence" and "change of residence address" is pivotal in legal contexts, ensuring a precise interpretation of these concepts.

Applicability in Divorce or Paternity Cases

In Oklahoma, the Relocation Statute typically forms a part of a Divorce Decree or Custody Plan. However, even in cases where it isn't explicitly mentioned, it is still applicable to parents with children in Oklahoma who have been through divorce or have a Decree of Paternity regarding their children.

Notification Requirements and Timelines

Effective communication is essential when relocation is on the horizon. Whether it's the custodial parent planning to relocate or the non-custodial parent considering a change in primary residence, timely and comprehensive notification is critical. This includes specifics such as the intended new residence, contact details, reasons for relocation, and proposals for revised visitation schedules.

Legal Obligations and Court Orders

The Relocation Statute emphasizes the legal obligations imposed on the custodial parent to inform the non-relocating party within a stipulated time frame. Failure to provide adequate notice can result in significant legal consequences, potentially impacting custody arrangements and leading to sanctions or modifications to visitation rights.

Factors Considered by the Court

When relocation becomes a matter for the court, various factors outlined in the Relocation Statute are taken into account. These include the child's relationship with both parents, the impact of relocation on the child's well-being, feasibility of maintaining relationships, the child's preferences (based on age and maturity), and the motivations behind seeking or opposing relocation.

The Boatman Case: Setting Precedent in Oklahoma Law

In Boatman v. Boatman, a recent Oklahoma Supreme Court case, the Court's opinion provided an insightful exploration of child custody and relocation issues, establishing a precedent in Oklahoma family law. This case examined the complexities when a custodial parent sought to change her primary residence from Oklahoma to Georgia while maintaining joint legal custody of the child with the child's father.

The Court outlined significant points:

  • Joint Custody and Relocation: Emphasizing that a joint custodian who isn't the primary physical custodian cannot invoke statutory provisions permitting relocation with the child.
  • Determining the Primary Physical Custodian: The court must first determine which joint custodian is the primary physical custodian before statutory provisions for relocation can be invoked.
  • Burden of Proof for Relocation: A two-step process was outlined. The relocating parent must first demonstrate that the proposed relocation was made in good faith. If successful, the burden shifts to the objecting parent to show that the proposed relocation is not in the child's best interest.
  • Good Faith and Relocation: Legitimate employment opportunities and financial considerations were recognized as valid reasons for relocation. This places the burden of proof on the objecting parent to demonstrate that the move isn't in the child's best interest.
  • Considerations for Best Interest of the Child: Factors for assessing the child's best interest include the nature of relationships, the child's needs, preservation of relationships, the child's preference (if mature enough), and other relevant factors.
  • Attorney Fees in Relocation Cases: The Court noted that attorney fees should be awarded based on a judicial balancing of the equities considering the means and property of each party involved in matrimonial litigation.

The Boatman case delineates the intricate considerations and burdens in cases of parental relocation, setting a precedent for future cases in Oklahoma and potentially influencing decisions in other jurisdictions dealing with similar issues.

Conclusion: Supporting Families Through Challenging Times

At Brown & Flesch, PLLC, we recognize the emotional complexities involved in child custody matters, particularly in relocation cases. Our goal is to ensure that our clients are well-informed about their rights and obligations under Oklahoma law. If you're facing issues related to child custody and relocation, our experienced legal team is here to provide guidance and support.

About the Author

George H. Brown

George H. Brown, Esq. Location: Oklahoma City, Oklahoma Phone:405-548-1970; Fax: 405-548-1986, George H. Brown practices in the areas of civil litigation, business and commercial litigation, probate, family law, guardianships, personal injury, wrongful death, insurance bad faith, adoption and corporate transactions.


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