Legal Question in Family Law in Oklahoma

Re: Moving out of state with child

It speaks well of both you and the paternal grandparents that you have such a good relationship. They don't have much in the way of legal rights (they can ask a court for visitation, but that is all), but your offer to have her spend some summers with them is both generous and healthy for your daughter. That would more than satisfy any court!

Regarding your moving, if the father is in NY and there is an order of visitation, then it is in your interest to inform him of the coming move.

Is there any evidence (something on paper/documents) showing he is moving to Texas? If so, OK is closer than NY! It is only when he stays in NY that the situation comes up. But here again, your intention to have your daughter spend time each summer with the paternal grandparents will likely be sufficient to satisfy the court that his rights are being respected.

The bottom line is that your reasons for moving are sound and the plans to accomodate the father's rights are likely sufficient. It is unlikely any court would issue an order to keep you in NY.

I recommend that you send a certified letter indicating your intention to move to OK giving the date of the move, but not the town or street address (he has a history of violence). That will give him an opportunity to contest the move in advance and will protect you after you move.

He is legally entitled to know of the advance at least 60 days before it happens.

If he does choose to file with a court, then you are welcome to meet with me for a consultation for no fee.

Re: Moving out of state with child

Relocation issues can be very difficult. The reasons for your move are compelling and your daughter's father does not exercise visitation. He is not likely to file anything in court to attempt to compel you to return, but he could. It is always possible that a judge would make you relocate back to NY until a decision is made after a trial. The grandparents do not have the right to compel you to return. However, if they have court ordered visitation, a judge might look at that differently. I would recommend that you call my office and schedule a phone consultation. I can give you more information and help you to plan your move in a manner that minimizes the risk of litigation. My number is 518-383-1182. Ask for Alexis.