Relocation of Children in Oklahoma
What are your rights if you want to move out of state with your child(ren)?
Oklahoma family law presumes it is in the best interest of every child to have a strong continuous relationship with both parents: moms and dads. Therefore, you must give notice to your former spouse, the other parent of your child, prior to moving with your child(ren) out of state. You must provide notice at the earliest time possible. Your ex-spouse or the other parent of your child has the right to seek Court order to stop you from moving out of state with the child(ren). At the hearing, the Court will decide whether the proposed move is being made in good faith or whether it is an attempt to deprive you or your ex of visitation or physical custody of your child(ren).
What notice is required prior to moving with children out of state?
The notice required prior to moving out of Oklahoma with you child(ren) must include the specific requirements found in OKLA. STAT. tit. 43 § 112.3, in order to comply with Oklahoma family law. The law requires among other things:
A. The relocating part shall mail (or serve in the manner provided for service of summons) a Notice of Intent to Relocate containing the following information in writing to the other party, and any other person entitled to visitation with the child, on the terms set out herein:
a. The intended new address, including the specific address, if known:
b. The new mailing address, if not the same;
c. The home telephone number, if known;
d. The date of the intended move or proposed relocation;
e. A brief statement of the specific reasons for the proposed relocation of the children, if applicable; and
f. A proposal for a revised schedule of visitation with the children, if any.
B. The relocating party shall give notice of the proposed relocation of the children or the proposed change of the party’s residence address to the other party on or before the sixtieth (60th) day before the proposed change. If the relocating party did not know and could not have reasonably known of the change in sufficient time to provide a sixty-day notice, then such party shall give notice of the change on or before the tenth day after the date he or she knows of the change.
C. The obligation of a party to give the notices and to provide the information set out herein shall continue so long as that party is entitled to custody of, or visitation with, a child covered by this order.
D. The failure of a party to give notice and to provide the information set out herein may result in further litigation to enforce the order, including contempt of court.
E. The failure of a party to notify of a relocation of the child may be taken into account in a modification of custody, of visitation with, possession of, or access to, the child. The Court may assess reasonable attorney fees and costs against a party who fails to give the required notice.
F. If a party who receives notice of the intent of the other party to relocate the residence of a child does not file, within thirty (30) days after receipt of notice, a proceeding seeking a temporary or permanent order to prevent the relocation, the relocation is authorized.
What rights do you have when your ex decides to move out of state with your child(ren)?
You may seek assistance through the Court exercising jurisdiction over child custody in your case by filing an objection. However, it is crucial you act as soon as possible to avoid waiving your right to object. You are entitled to a hearing in Court. You may be able to have your ex forced to return to Oklahoma, return the child(ren) to Oklahoma, or seek contempt of Court for violating OKLA. STAT. tit. 43 § 112.3, which should be an existing order in your custody case.
Experience matters when your children and your relationship with your children are on the line. It is important to know the attorney you hire is an attorney dedicated to you and your case. John Cannon, owner of CANNON & ASSOCIATES, PLLC, will personally represent you, work along-side you during the entire process, and keep you informed. John has the experience you need and will bring it to bear in your case. Additionally, he has an outstanding record of reaching the best possible outcome for hundreds of clients, evidenced by receiving the highest possible AVVO rating – 10 (superb). Contact CANNON & ASSOCIATES to protect your rights and Fight your Case. You may send an email inquiry, complete the contact form on our website, or call at (405) 657-2323 for a free consultation.
Our Client Reviews
MORE 5-STAR REVIEWS REVIEWS THAN 99% of LAWYERS IN OKLAHOMA
"John has shown nothing but compassion and professional guidance in my case. He truly cares about his clients and is exceptionally understanding when it comes to any case he is representing. He communicates genuinely as well as in a timely matter. If I were able to give his firm any more than 5 stars, I most definitely would. He is incredible."
"John Cannon is an awesome attorney. He is very professional and honest. He really cares about his clients. John always gets back to you quickly to answer any questions you have regarding your case. I highly recommend CANNON & ASSOCIATES for any legal needs you may have."
"John Cannon has helped me through the hardest time in my life. He helped me through my divorce and custody case. He truly cares about his clients and it made me so happy he always put my daughter first and wanted what was in her best interest as a child. He is very sharp and resourceful and he has been very attentive and responsive to my needs, John is very polite and professional and he always has a great attitude. John always took the time to go over everything and explain everything in depth. I've enjoyed working with John and his team and would recommend him to other clients."
"I have known John for about 6 years now in his capacity as a Judge Advocate and a civilian attorney. John has a rare blend of both sharp analytical and interpersonal skills. I have seen John achieve positive outcomes for clients in complex scenarios and If you need an attorney who can do the same for you - this is your guy."
"John did a very good job. Although the outcome was not 100% what we expected(strange judgement) it was overall positive. I would, have and will continue to recommended him. Although I certainly hope to not need his services again in the capacity I hired him for I would not hesitate to call if I do. Thanks John"
"I signed up with John June 25th, July 5th I received an email that my case is in line to be DISMISSED, within a 2 week time period John made what was one of the most stressful times in my life better! Every case is different but he handled my case with care and he was extremely open in his communication throughout the whole process. I hope to never have to have a criminal attorney again but if I do I will definitely go back to John. I highly recommend him to anyone else who is needing an attorney!"
"John is a highly respected attorney. Professional and compassionate. He has a wealth of knowledge, being a military officer and having served as an Assistant District Attorney, a Public Defender, and an Assistant Attorney General. He helped a friend's son who was headed down the wrong path, but through John's legal defense the young man is now a successful business owner."
"John is a very professional attorney, who is not only concerned about the welfare of his client but very attentive and considerate of the family, or other bodies that are in the face of the adversity. While working on my family members case, John took time out to take a class that would educate him on how to approach the many different types of cases tried in the court room. John proved his sincerity to the calling of his job, being an attorney. I would definitely recommend him to anyone."
"Mr. Cannon went above and beyond for my wife. She was facing some pretty hard fines and prison time with the US Marshalls. Mr. Cannon fought a hard fight and got her a GREAT offer. Words cannot express how much I appreciate him and what he did for my wife. I would give 10 stars and I will be promoting him. He's that awesome. He keeps you informed, he will text or call you back, and he goes above what he is asked to do and I can reassure you"HE WILL FIGHT FOR YOU OR YOUR FAMILY MEMBER". I will continue retaining him for other things my wife is battling. High five and a great big hug to Mr. Cannon. Thank you!!! John took the reigns and provided us instant peace of mind. He was timely, respectful, transparent, very professional, honest and courteous. The service he provided was above and beyond our expectations. Can’t believe professionals like him are around. Highly highly without reservations recommend him and his team."
"John Cannon is an excellent attorney. He takes sincere interest in your needs. He maintains communication and provides all the information you might want to fully understand the legal process. He also suggests alternative resolutions to your legal needs so that you can make informed choices. I definitely recommend John."
"My experience with CANNON & ASSOCIATES was absolutely amazing. I hired John Cannon two days before my rebuttal statement was due back to the Staff Judge Advocate. Within that time frame he was able to talk to my Battery and Battalion Commanders, review my evidence, and help me write a rebuttal statement that help prove my case to them, the Brigade Commander and the Post Commanding General. Cannon worked thru the night to help me get the best results for me and my family. Due to his hard work and attention to detail I am still able to continue to serve my country and progress in my military career with no adverse actions on my record. I can not thank him enough on a job well done. Cannon showed me that he was invested in my case and I highly recommend you hire him when you need someone to represent you in a legal matter."
"John Cannon assisted me through a very difficult time in my military career. He worked tirelessly with me on my case and kept me informed during the entire process. I can't say enough good things about Mr. Cannon. He's incredibly knowledgeable with regards to military justice. The outcome of my case was successful and I attribute that to Mr. Cannon's professionalism and expertise in dealing with military law. I would highly recommend Mr. Cannon to anyone with military justice or criminal defense needs."
"Hands down the best lawyer. Mr.Cannon accepted my case and got on it the same day. I would give him 10 stars if I could. I really appreciate the dedication on how he handles things with a short time frame."
"Mr. Cannon has represented me on 2 criminal cases and one civil case over the past 4 years. He has always served me honestly, speedily and with good moral direction. John has integrity and humility. He has never belittled me or treated me in an unfair manor. I appreciate all that he has done for me and I most certainly recommend him to family, strangers and friends. I will definitely use Mr. Cannon in the future for any and all of my family's legal matters."
"Mr. Cannon went above and beyond for my wife. She was facing some pretty hard fines and prison time with the US Marshalls. Mr. Cannon fought a hard fight and got her a GREAT offer. Words cannot express how much I appreciate him and what he did for my wife. I would give 10 stars and I will be promoting him. He's that awesome. He keeps you informed, he will text or call you back, and he goes above what he is asked to do and I can reassure you"HE WILL FIGHT FOR YOU OR YOUR FAMILY MEMBER". I will continue retaining him for other things my wife is battling. High five and a great big hug to Mr. Cannon. Thank you!!!"
"I had a great experience with John. He is very personable and helped me a lot. I’m really grateful I found him. He made me feel confident that he was the right lawyer for my case and that he wasn’t trying to sell me but genuinely just wanted to help me. I would highly recommend John to anyone!"
"Working with Mr. Cannon has been a real life-saving experience for me and my family. He provides the knowledge of the possibilities as soon as he can get them, then works tirelessly to ensure that any concerns or questions are addressed immediately. He has been a great asset to us not only in the face of legal troubles, but in providing a sense of security that is truly reassuring in the face of the uncertain.Mr. Cannon has been a great resource and has been very patient with me. From the start he provided a list of things to do that would help me help him with my case and since the beginning has continued to give advice or suggestions on any matter that has bothered me with my situation, large or small. He is gentle, yet realistic, and this combination really does become a rock in tumultuous times such as these.I would highly recommend Mr. Cannon to anyone who needs a vigilant and committed attorney, especially one that stands by your side until your issue is resolved. He goes above and beyond not only to work, but to care for his clients!"
"John Cannon assisted me through a very difficult time in my military career. He worked tirelessly with me on my case and kept me informed during the entire process. I can't say enough good things about Mr. Cannon. He's incredibly knowledgeable with regards to military justice. The outcome of my case was successful and I attribute that to Mr. Cannon's professionalism and expertise in dealing with military law. I highly recommend Mr. Cannon to anyone with military justice or criminal defense needs."