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  1. #1
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    Sep 2013
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    Default Custodial Parent Moved Out of State and Isn't Following the Visitation Schedule

    My question involves a child custody case from the State of: oklahoma. My wife's ex has custody of her 2 girls and has move to texas (12 hours away from where we live.) and is not following the visitation schedule. she has not seen her girls in almost a month. he expects us to take on more financial obligation for her to see her girls when he is the one who chose to move. we initially met half way between where he lived and where we live and now when she tries to find out when she is going to see her kids again he just says he will have to check with his girlfriend and he will get back to her but he never does. what can we do so she can ensure that she is going to see her children. This has taken an emotional toll on my wife and in turn on our 5 yr old who loves her sisters and is always asking now when she is going to see her sisters again.

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Custodial Parent Moved Out of State and Isnt Following the Visitation Schedule

    Was the original parenting plan changed to reflect the relocation?

  3. #3
    Join Date
    Sep 2013
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    10

    Default Re: Custodial Parent Moved Out of State and Isnt Following the Visitation Schedule

    No it was not he informed us a week before the move and no other litigation has taken place.

    - - - Updated - - -

    By the way he moved to live with his girlfriend and the order states that no adult friends of the opposite sex can be present overnight where custody and visitation are kept. He had that put in the order

  4. #4
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    Default Re: Custodial Parent Moved Out of State and Isnt Following the Visitation Schedule

    How long ago did Dad move?

  5. #5
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    Sep 2013
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    Default Re: Custodial Parent Moved Out of State and Isnt Following the Visitation Schedule

    almost 2 months

  6. #6
    Join Date
    Oct 2006
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    16,262

    Default Re: Custodial Parent Moved Out of State and Isnt Following the Visitation Schedule

    Quote Quoting tobeyr76
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    almost 2 months
    Then your wife needs to rush to court and file for primary custody and try to get an order for dad to return the children to the original home state/community pending the outcome of the custody case. She probably needs an attorney.

  7. #7
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    Apr 2009
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    Default Re: Custodial Parent Moved Out of State and Isnt Following the Visitation Schedule

    Quote Quoting llworking
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    Then your wife needs to rush to court and file for primary custody and try to get an order for dad to return the children to the original home state/community pending the outcome of the custody case. She probably needs an attorney.


    Who said Mom even wants that? Doesn't sound as if Mom is exactly running for the kids here.

  8. #8
    Join Date
    Sep 2013
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    10

    Default Re: Custodial Parent Moved Out of State and Isnt Following the Visitation Schedule

    she does want her children. we have been to court 3 times for custody the judge whom i know personally is ex-army and her ex husband is in the army so he shows preference toward him. the last time we were in court he would not even let my wife or her attorney speak. he only wanted to hear from her ex. i have spent about 15,000 dollars in legal fees for this. and just dont know what we can do to get the kids.

  9. #9
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Custodial Parent Moved Out of State and Isnt Following the Visitation Schedule

    Here's the problem. Oklahoma puts the burden of proof on the non-relocating parent to prove that the move is not in the child's best interest - in other words, there is a statutory presumption in favor of relocation.

    Also, Dad did give notice - granted it wasn't the preferred 60 day notice, but it also wasn't beyond 10 days after the move which is pretty much all is required.

    Mom had 30 days to object to the move after being notified - my guess is she didn't fight it (even if it was only because she didn't know how).

    She's now stuck with having Dad 12 hours away with the kids.

    She can take action now though in setting up a new long-distance parenting plan. She should include specifics, such as who gets which holiday, who is responsible for transport, pick-up & drop-off, and perhaps Skype and/or webcam and telephone visitation.

    She should also request that Dad is made responsible for transportation costs (or at the very least, 50%).

  10. #10
    Join Date
    Sep 2013
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    10

    Default Re: Custodial Parent Moved Out of State and Isnt Following the Visitation Schedule

    Okay what about the 15 year old not wanting to live with dad? She has mentioned running away to get out.

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