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Rights if custodial parent moves

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L

L's Dad

Guest
My ex-wife just informed me that she is getting married and will be moving about 175 miles from where I live (in Oklahoma). Her fiance lives in the town they are moving to, and is not interested in finding a job where we currently live. We have an 8 year old son who has moderate retardation due to a reaction to an immunization shot. Although she has custody, I have visitation with my son half of the time. I am the biggest influence on my son, and he still gets upset when he has to go back to his mother's house. My son has flourished since he started a new school 2 years ago. The school system he is in groups childen with similar development delays in the same class. My son's maternal grandparents also currently live within a few miles of my son, so he has the best support available at this time. If they move, I would only get to see my son every other weekend. My employment doesn't allow me to take off for extended periods of time, so extended summer vacations would not work. With my son's condition and my extended involvement, can I force them not to move?
 


MySonsMom

Senior Member
I believe you have 30 days after she officially informs you of the move. Within that period, you need to petition the courts to stop the move.
 

Ambr

Senior Member
She has to notify you in writing that she intends to relocate. She has to inform you of where she will be going, why she will be going and she has to offer you a new visitation schedule that allows you the same, if not more, time with your child.

With your sons special needs, she will need to show that there is a school of equal, if not better, qualities where she is moving.

After you receive the notice, you have thirty days to file a motion to contest the relocation. you then go before the judge. he will listen to both sides and decide if the move would be a good one or a bad one for the child.

if the judge decides against the move, she can't relocate the child. of course, she can still move if she wants. she just has to leave the child with you. if the judge grants the move, she can go.

the one big circumstance in this will be the special needs of the school and the fact that he has flourished in that school. it's hard to move a special needs child and expect him to pick up where he left off at with the old school.

if she moves and does not notify you in writing, your case will be even stronger. if she moves before the court decision, the judge can require that she either relocate back or lose custody of the child.

good luck!

ambr :)
 

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