Imagine this scenario, mother and father have two young children together. In December 2010, mother and father finalize their divorce in Tulsa County whereby father is awarded sole custody of both chlidren subject to mother having visitation every other weekend from Friday 6:00 p.m. until Sunday 6:00 p.m. Beginning on the day the divorce is finalized and over the course of the next ten months father makes the sole custody arrangement as hard on mother as possible – he refuses to return her phones calls, he is late picking up and dropping off the children, and at all other times behaves like a jerk towards mother.
After ten months of operating under the sole custody arrangement, father decides to move with the two young children to Wichita, Kansas. Father does not consult with mother before making the move – he just moves. Naturally, once the move is made the visitation schedule is much harder for mother to enforce – the increased driving distance has placed a hardship on her. Over the course of the next two months, mother sees her two young children once – that one time visit was at a Mcdonald’s Restaurant located near the Oklahoma-Kansas border and it only lasted for two hours.
Mother is very frustrated by the actions of father. At this point in time the sole custody arrangement has been in effect for twelve months. For the past two months, mother has been denied her visitation time because of father’s failure to consult with mother ahead of time. What options does mother have available to her? Can she file a motion to modify the sole custody arrangement based on these facts?
According to Oklahoma Family Law, the custodial parent has a right to change his residence, but the change is subject to the power of the judge to restrain any move which would have a detrimental effect on the welfare of the children. In this case, father had the right to move to Kansas with the two young children, but before he made the move he should have consulted with mother ahead of time to ensure that her visitation rights were not infringed upon. Father’s failure to consult with mother has placed a hardship on mother’s ability to exercise visitation. Because of the hardship the two young children are being deprived of spending time with their mother.
If you have questions you can contact Bulldog Divorce by clicking on Tulsa Divorce Attorneys… or by calling (918) 591-2566.