Legal Question in Family Law in Oklahoma
concerned sister
My brother is going for joint custody of 3 yr old daughter. He plans on moving out of state once divorce is final. He has tried negotiating with the sis-n-law. He has gone from mo.-to-mo. to every 2 weeks, until kindergarten, then one parent has for school and the other for all holidays. During all visits he has he told the sis-n-law she cuold come down and visit daughter anytime. Mo.-mo. he would provide transportation both ways, 2wks they meet in the middle. She says no, he can have weekends and holidays. What are his chances? What does he need to do? He is trying everything!! Please help =)
1 Answer from Attorneys
Re: concerned sister
It is unlikely that the judge will allow him to move out of state under these circumstances, with the child. Unless there are exceptional circumstances, the judge will probably give the non-primary conservator 1st, 3rd 5th weekends of the month, Thursday evenings, alternating holidays, one month in the summer. This is a simplified description of the guideline visitation schedule.
In the courts that I practice, it is rare for a judge to allow a parent to move a child outside of the contiguous county where the court has jurisdiction. If he moves more than 100 miles from the child, then he will get additional time at spring break, but otherwise he chooses to leave the area of the child's residence. Moreover, if he moves a great distance, then he will likely cause the restriction on the mother to be lifted, giving her the right to move just about anywhere she wants.
He needs a lawyer to negotiate a compromise, and/or attend mediation to resolve the issue.
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