Relocation can dramatically change the dynamics of a child custody arrangement. Oklahoma law provides a structured framework to address these situations, balancing a parent’s right to move with the child’s need for stability and ongoing relationships.
Under 43 O.S. § 112.3, relocation generally involves moving a child’s principal residence beyond a specified distance for an extended period. The statute carefully defines terms such as principal residence to ensure consistency in how courts and parents interpret relocation issues.
When Relocation Laws Apply
Relocation laws usually appear in divorce decrees and custody plans, but they also apply to parents who share custody under a paternity order. Even if a custody order does not specifically mention relocation, Oklahoma law still governs how and when a parent may move with a child.
Notice Obligations and Consequences
Parents planning to relocate must provide advance notice to the other parent. This notice must include detailed information about the move, the reason for relocation, and proposed changes to visitation. Failure to comply with these requirements can result in penalties or negatively affect custody rights.
How Courts Analyze Relocation Requests
When relocation is contested, Oklahoma courts evaluate factors such as the child’s emotional ties to both parents, the practical impact of the move, and the feasibility of preserving meaningful visitation. Courts also assess whether the relocation request is made in good faith or intended to interfere with the other parent’s relationship with the child.
The Boatman Case and Its Legal Impact
In Boatman v. Boatman, the Oklahoma Supreme Court clarified how relocation laws apply in joint custody situations. The Court held that a parent with joint legal custody—but not primary physical custody cannot independently rely on the relocation statute. Courts must first determine who the primary physical custodian is before applying the statute.
The Court also established a two-step burden of proof:
1. The relocating parent must show the move is made in good faith
2. After which the non-relocating parent must prove the move is not in the child’s best interests.
Legitimate reasons such as employment opportunities and financial stability may support good faith. The Court further emphasized that attorney fee awards should be based on equitable considerations, not punishment.
Because relocation cases are highly fact-specific and legally complex, working with a trusted family law firm like Holcomb Legal can be essential. Holcomb Legal helps parents navigate Oklahoma relocation laws while protecting both parental rights and the child’s best interests.
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