Fry & Elder Tulsa Law Firm

Divorce, Child Custody, Protective Orders, Criminal Defense

Make a Payment

Tulsa, OK Law Firm
918.585.1107

  • Facebook
  • LinkedIn
  • Staff
    • Attorneys
      • C. Lawrence Elder
      • Robert G. “Hap” Fry, Jr
      • James R. Elder
      • Simon Harwood
      • James C. Morton
      • Preston T. Bennett
      • Zach Mortazavi
      • Brian Jackson
    • Personnel
      • Judy Willits
  • Practice Areas
    • Family Law
      • Divorce
      • Child Custody
      • Child Support
      • Bankruptcy and Divorce
      • Same Sex Divorce
      • Alimony
      • Paternity
      • Premarital Agreements
      • Modifications
      • Relocation of Minor Children
      • Grandparent Rights
      • Juvenile Deprived Proceedings
      • Appeals
    • Adoptions
      • Step-Parent Adoptions
      • Adoptions without Consent
      • Same Sex Adoptions
      • Grandparent Adoptions
    • Criminal Defense
      • Protective Orders
      • DUI Defense
      • Federal Criminal Defense
      • School Bullying and Cyberbullying
    • Personal Injuries
      • Litigation
    • Collaborative Law
    • Probates
    • Guardianships
    • Civil Law Litigation
  • FAQ
    • FAQ Divorce
    • FAQ Child Custody
    • FAQ Child Support
    • FAQ Premarital Agreements
    • FAQ Guardianships
    • FAQ Adoptions
    • FAQ Criminal Law
    • FAQ Personal Injury
  • Blog
  • Publicity
  • Request a Consultation
    • Emergency Legal Assistance

Relocation of Minor Children

In the United States, individuals have the constitutional right to travel and freedom of movement. However, the relocation of minor children in Oklahoma or elsewhere by one parent can impact the parental relationship and rights of the other parent.

Relocation of minor children in Oklahoma

Oklahoma divorce lawyer Robert G “Hap” Fry Jr. with his grandson Clarke and loyal companion Badger.

Oklahoma law sets out specific rules controlling when and how one parent may seek to relocate minor children, and the law requires that those rules about relocation of minor children must be specifically stated in every custody order and decree so the parents know some of their basic parental rights and responsibilities related to a potential relocation of their children.

The Tulsa law firm of Fry & Elder knows that disputes involving the relocation of minor children in Oklahoma or out of state often are very complicated and fact-sensitive.

A parent’s ability to relocate a minor child may be impacted by the terms of their child custody order, including whether or not one parent has sole custody of the child or if the parents share joint legal custody of the child.

If I am the custodial parent, can I move my kids out of state with me?

Oklahoma’s family statutes set out specific rules for a parent seeking to relocate minor children. In addition to those statutes, there are a significant number of Oklahoma appellate cases interpreting the family statutes and providing more guidance to judges about relocation of minor children.

Generally, if you are a custodial parent and desire to relocate your minor child more than 75 miles away from the child’s principal residence, you must give the other parent written notice of the desired relocation. The law requires you to include specific information in the written notice.

You should consult with a relocation trial lawyer before you prepare or send a notice on your own. When the other parent receives a properly-written and properly-served notice of desired relocation, that parent has a limited amount of time to file an objection to the relocation in court.

If no objection is made by the other parent, you may relocate the child. If a timely objection is filed by the other parent, you will likely need an Oklahoma trial lawyer to assist you with making your case for relocation.

Can my children be taken to live out of state by their other parent?

If the other parent has sent you a notice of relocation of your minor child, you should consult with a relocation trial lawyer at your very earliest opportunity. You are entitled to object to the proposed relocation and to have your objection heard by a judge.

If you do not take action in time, you may permanently waive your right to object and be heard. If the other parent has moved your child without giving you proper notice, or after you have made a timely objection but before a judge has heard the case, a judge may grant you relief, including sometimes requiring the immediate return of the minor child pending a hearing.

What happens if there is disagreement about relocation of my child?

If the parents cannot agree to the terms of a relocation, a trial judge will decide whether a parent will be permitted to relocate the minor child. A parent who is considering relocating a minor child should seek the advice of an experienced relocation trial lawyer before sending notice to the other parent.

A parent who either has received notice of a potential relocation of a minor child, or who believes that the other parent is attempting to relocate a minor child without giving proper notice, should immediately consult with a relocation trial lawyer. The Tulsa trial lawyers at Fry & Elder have years of trial experience in relocation cases.

A Proven Tulsa Law Firm Which Fights and Cares for Clients

The relocation of minor children in Oklahoma and elsewhere are often very time sensitive and complex legal issues. If you find yourself involved in any of the above scenarios, it is in your best interest interest to contact an experienced and professional Oklahoma relocation trial lawyer today.

Our attorneys are some of the most respected and esteemed in the legal industry and include:

  • A 2019 Best Lawyers® Selection
  • One of only 19 attorneys in the state to be a Fellow of the American Academy of Matrimonial Lawyers
  • Best Lawyers® 2016 Lawyer of the Year for Family Law in Oklahoma
  • Two attorneys recognized by Super Lawyers®
  • Two attorneys AV® Preeminent Peer Review Rated by Martindale-Hubbell®
  • The 2018 Fern Holland Award Winner
  • A 2017 Significant Sig Award Winner

Additionally, the Oklahoma family law firm of Fry & Elder has been iconic in the realm of family law for 50 years and has roots dating all the way back to 1932.

The firm has been named to highly-regarded U.S. News & World Report’s Best Law Firms List each of the past six years. Contact Fry & Elder today to set up a personal consultation with an accomplished Oklahoma relocation trial lawyer.

Our Offices

Tulsa Office:
1630 S. Main Street
Tulsa, OK 74119
Get Directions

Watch Our Video

Click to play our video.

Recent News

  • Modifying Child Custody Agreements in Tulsa for the Summer: A Hypothetical Scenario
  • The Advantages of Consulting with a Tulsa Probate Lawyer
  • When the Celebration Turns Serious: Needing Tulsa Memorial Day DUI Defense Attorney
  • Understanding Grandparent Rights in Tulsa: Why Consulting With an Attorney Matters
  • Why You Should Consult an Attorney for a Prenuptial Agreement in Tulsa

Fry & Elder cares about its clients.

Please fill out our feedback form to let us know how we're doing.

Leave Feedback
    Best Law Firms - Standard Badge Best Law Firms - Standard Badge Best Lawyers Award Badge best family law lawyer tulsa best family law lawyer tulsa super lawyers tulsa

    1630 S. Main Street | Tulsa, OK 74119

    Copyright 2015 Fry & Elder | Privacy Policy | Website by Road Warrior Creative

    Request a Consult

    Call 918.585.1107 to contact an attorney and schedule a consultation today.

    • This field is for validation purposes and should be left unchanged.