Father Protected After Out-of-State Child Relocation

Representing the father in an Oklahoma custody case, Jeff Bacon obtained a temporary court order restraining the mother from relocating the child out of state. After hearing testimony, the Court found that the proposed relocation was not made in good faith, denied the request to relocate, and ordered the child returned to Oklahoma by a specific deadline. This resulted in the child being returned to Oklahoma into Father’s primary custody while the case is pending.

The Oklahoma Law Behind This Result

Oklahoma’s relocation statute, 43 O.S. § 112.3, requires a parent who intends to move a child’s principal residence more than 75 miles to give the other parent written notice at least 60 days in advance, and it gives the other parent 30 days to object.

When an objection is filed, the court may enter a temporary order allowing or restraining the move while the case is decided, taking into account whether notice was given, whether a revised schedule was proposed, and which parent is likely to prevail.

At the hearing, the relocating parent bears the burden of proving the move is proposed in good faith; only if that burden is met does the objecting parent have to prove that the move is not in the child’s best interests under the factors in § 112.3(J).

Good faith is usually a low bar, since the Supreme Court held in Scocos v. Scocos, 2016 OK 36, that employment, finances, and family are legitimate reasons to move, but it is not a formality.

A court that finds the move was not made in good faith need not reach the best-interests factors at all, and the statute allows the court to order the return of a child who has already been moved. A parent who relocates without complying with the notice requirement can also be ordered to pay the objecting parent’s expenses and attorney fees.

What Fathers in a Similar Situation Should Know

The objection deadline is 30 days from the notice, and the temporary-order hearing is often the decisive one, so the evidence about the child’s life in Oklahoma has to be assembled immediately. Our Tulsa relocation attorney page explains the notice, objection, and burden-of-proof rules in detail, and the statewide custody guide for fathers covers the custody case that continues afterward.

Results depend on the specific facts and circumstances of each case.