View Full Version : Can I take my child out of state?
CherriDale
Jul 22, 2009, 01:03 PM
My exhusband and I both lost guardianship of our daughter and his mother had gaurdanship. I then got a divorce from him and got custody back from her. It says in the papers that I have CUSTODY but I don't know if its full custody and if I can leave the state of Oklahoma with her.I am remarried now and have another baby and my current husband wants to move closer to his family and other son. Can I leave the state and not be in trouble or lose my daughter??
s_cianci
Jul 22, 2009, 01:05 PM
If you have sole legal and physical custody, then yes you can. What exactly does the custody order say? If your ex has visitation, it'll be your responsibility to make the extra necessary accommodations to offset how your move would interfere with his visitation.
Fr_Chuck
Jul 22, 2009, 01:21 PM
Does any other person, have visits rights in a court order to the child.
ScottGem
Jul 22, 2009, 01:51 PM
First, please read things more carefully. For example, you ignored the Read First sticky at the top of the Children forum that directs legal questions to this forum. You aloso didn't read your divorce order carefully.
The divorce decree should detail what custody you have and whether the father has any visitation rights. If the divorce order is unclear then have your attorney or the court clerk explain it to you.
The only way for us to know whether you can move out of state is if we now what the decree says.
CherriDale
Jul 22, 2009, 08:19 PM
There was nothing in the devorce decree because my ex-mother-in-law had guardianship at the time. But it did say that if custody changed to report it to the courts so they could put it in the divorce papers. After I had a divorce I then went and filed for a termination of guardianship and got my daughter back. Nothing was said about the father having any rights or visitation or anything. Just that he was the father. I think when I go to report the change in circumstances he might get some kind of rights to her or visitation. I'm really still clueless on the matter.
ScottGem
Jul 23, 2009, 05:26 AM
To be on the safe side, I would inform the court that you plan on moving and see if they say you need permission.
ANB428
Jul 23, 2009, 06:19 AM
When I asked the courts if I could take my daughter out of the state, they told me that I needed to speak with an attorney.
So, you may want to talk to an attorney about this subject. That would be my best advice.