Legal Question in Family Law in Oklahoma
divorce and custody
My husband and I want a divorce. We
have a 17-month-old son together. I
want to know what my legal options are
to get custody of my son and move out
of state with him.
1 Answer from Attorneys
Re: divorce and custody
Your first and by far best option is to make the arrangements you desire regarding custody and residence now, so that it is reflected in the divorce decree. The court wants to see the parties have some agreement, and will want to assess the agreement is in the best interest of the child. If you can get your husband to agree your plan is in the best interest of the child, then you'll be on the easiest path.
If that's not possible the situation can get considerably more complex. The law is devised to keep a child's relationship with both parents. How this is accomplished can vary case by case. If after divorce the custodial parent wants to move more than 75 miles, formal notice must be given to the other parent who can then petition to object to the move based on it not being in the child's best interests.
The law, facts, and emotions in divorce and custody can quickly get complicated, but there are many good sources of information available to help you understand the process. Further, it may be wise to spend some time with an attorney so he/she can understand your fact situation and return to you with more precise information.