Legal Question in Family Law in Oklahoma
Moving out of state with child
I live in NY but will move to OK in July 2005 where my family resides. My son's father is moving to TX. My daughter's father is unaware of my plans to move out of state. I have sole custody of my daughter. Her father does not exercise his visitation. My daughter's father and I were never married. He has a criminal history and has been physically abusive to me in front of our daughter. If I move to OK without notifying him first does he have the legal ability to make me move back to NY, even if I have a job, a home and she is in school? Additionally, my daughter's paternal grandparents have been taking my daughter overnight once weekly since she was an infant. Do they have the legal right to make me return to NY? I am willing to provide round-trip transportation on an annual basis so she may enjoy summers with her father and grandparents. I am moving to OK due to my mother's ill health and because the cost of living is significantly less in OK than in NY. My children have visited and are in agreement with my decision.
2 Answers from Attorneys
Re: Moving out of state with child
It speaks well of both you and the paternal grandparents that you have such a good relationship. They don't have much in the way of legal rights (they can ask a court for visitation, but that is all), but your offer to have her spend some summers with them is both generous and healthy for your daughter. That would more than satisfy any court!
Regarding your moving, if the father is in NY and there is an order of visitation, then it is in your interest to inform him of the coming move.
Is there any evidence (something on paper/documents) showing he is moving to Texas? If so, OK is closer than NY! It is only when he stays in NY that the situation comes up. But here again, your intention to have your daughter spend time each summer with the paternal grandparents will likely be sufficient to satisfy the court that his rights are being respected.
The bottom line is that your reasons for moving are sound and the plans to accomodate the father's rights are likely sufficient. It is unlikely any court would issue an order to keep you in NY.
I recommend that you send a certified letter indicating your intention to move to OK giving the date of the move, but not the town or street address (he has a history of violence). That will give him an opportunity to contest the move in advance and will protect you after you move.
He is legally entitled to know of the advance at least 60 days before it happens.
If he does choose to file with a court, then you are welcome to meet with me for a consultation for no fee.
Re: Moving out of state with child
Relocation issues can be very difficult. The reasons for your move are compelling and your daughter's father does not exercise visitation. He is not likely to file anything in court to attempt to compel you to return, but he could. It is always possible that a judge would make you relocate back to NY until a decision is made after a trial. The grandparents do not have the right to compel you to return. However, if they have court ordered visitation, a judge might look at that differently. I would recommend that you call my office and schedule a phone consultation. I can give you more information and help you to plan your move in a manner that minimizes the risk of litigation. My number is 518-383-1182. Ask for Alexis.
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