{"data":{"id":"us-ok/okla.-stat.-tit.-43-43-112.3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43, § 43-112.3","heading":"Notice of proposed relocation or change of residence","body":"A. As used in this section:\n\n1. “Change of residence address” means a change in the primary\n\nresidence of an adult;\n\n2. “Child” means a child under the age of eighteen (18) who has\n\nnot been judicially emancipated;\n\n3. “Person entitled to custody of or visitation with a child”\n\nmeans a person so entitled by virtue of a court order or by an\n\nexpress agreement that is subject to court enforcement;\n\n4. “Principal residence of a child” means:\n\na. the location designated by a court to be the primary\n\nresidence of the child,\n\nb. in the absence of a court order, the location at which\n\nthe parties have expressly agreed that the child will\n\nprimarily reside, or\n\nc. in the absence of a court order or an express\n\nagreement, the location, if any, at which the child,\n\npreceding the time involved, lived with the child’s\n\nparents, a parent, or a person acting as parent for at\n\nleast six (6) consecutive months and, in the case of a\n\nchild less than six (6) months old, the location at\n\nwhich the child lived from birth with any of the\n\npersons mentioned. Periods of temporary absence of\n\nany of the named persons are counted as part of the\n\nsix-month or other period; and\n\n5. “Relocation” means a change in the principal residence of a\n\nchild over seventy-five (75) miles from the child's principal\n\nresidence for a period of sixty (60) days or more, but does not\n\ninclude a temporary absence from the principal residence.\n\nB. 1. Except as otherwise provided by this section, a person\n\nwho has the right to establish the principal residence of the child\n\nshall notify every other person entitled to visitation with the\n\nchild of a proposed relocation of the child’s principal residence as\n\nrequired by this section.\n\n2. Except as otherwise provided by this section, an adult\n\nentitled to visitation with a child shall notify every other person\n\nentitled to custody of or visitation with the child of an intended\n\nchange in the primary residence address of the adult as required by\n\nthis section.\n\nC. 1. Except as provided by this section, notice of a proposed\n\nrelocation of the principal residence of a child or notice of an\n\nintended change of the primary residence address of an adult must be\n\ngiven:\n\na. by mail to the last-known address of the person to be\n\nnotified, and\n\nb. no later than:\n\n(1) the sixtieth day before the date of the intended\n\nmove or proposed relocation, or\n\n(2) the tenth day after the date that the person\n\nknows the information required to be furnished\n\npursuant to this subsection, if the person did\n\nnot know and could not reasonably have known the\n\ninformation in sufficient time to comply with the\n\nsixty-day notice, and it is not reasonably\n\npossible to extend the time for relocation of the\n\nchild.\n\n2. Except as provided by this section, the following\n\ninformation, if available, must be included with the notice of\n\nintended relocation of the child or change of primary residence of\n\nan adult:\n\na. the intended new residence, including the specific\n\naddress, if known,\n\nb. the mailing address, if not the same,\n\nc. the home telephone number, if known,\n\nd. the date of the intended move or proposed relocation,\n\ne. a brief statement of the specific reasons for the\n\nproposed relocation of a child, if applicable,\n\nf. a proposal for a revised schedule of visitation with\n\nthe child, if any, and\n\ng. a warning to the nonrelocating parent that an\n\nobjection to the relocation must be made within thirty\nhoma Statutes - Title 43. Marriage and Family Page 63\n\nd. the date of the intended move or proposed relocation,\n\ne. a brief statement of the specific reasons for the\n\nproposed relocation of a child, if applicable,\n\nf. a proposal for a revised schedule of visitation with\n\nthe child, if any, and\n\ng. a warning to the nonrelocating parent that an\n\nobjection to the relocation must be made within thirty\n\n(30) days or the relocation will be permitted.\n\n3. A person required to give notice of a proposed relocation or\n\nchange of residence address under this subsection has a continuing\n\nduty to provide a change in or addition to the information required\n\nby this subsection as that information becomes known.\n\nD. After the effective date of this act, an order issued by a\n\ncourt directed to a person entitled to custody of or visitation with\n\na child shall include the following or substantially similar terms:\n\n“You, as a party in this action, are ordered to notify every\n\nother party to this action in writing of a proposed relocation of\n\nthe child, change of your primary residence address, and the\n\nfollowing information:\n\n1. The intended new residence, including the specific address,\n\nif known;\n\n2. The mailing address, if not the same;\n\n3. The home telephone number, if known;\n\n4. The date of the intended move or proposed relocation;\n\n5. A brief statement of the specific reasons for the proposed\n\nrelocation of a child, if applicable; and\n\n6. A proposal for a revised schedule of visitation with the\n\nchild, if any.\n\nYou are further ordered to give written notice of the proposed\n\nrelocation or change of residence address on or before the sixtieth\n\nday before a proposed change. If you do not know and could not have\n\nreasonably known of the change in sufficient time to provide a\n\nsixty-day notice, you are ordered to give written notice of the\n\nchange on or before the tenth day after the date that you know of\n\nthe change.\n\nYour obligation to furnish this information to every other party\n\ncontinues as long as you, or any other person, by virtue of this\n\norder, are entitled to custody of or visitation with a child covered\n\nby this order.\n\nYour failure to obey the order of this court to provide every\n\nother party with notice of information regarding the proposed\n\nrelocation or change of residence address may result in further\n\nlitigation to enforce the order, including contempt of court.\n\nIn addition, your failure to notify of a relocation of the child\n\nmay be taken into account in a modification of custody of,\n\nvisitation with, possession of or access to the child. Reasonable\n\ncosts and attorney fees also may be assessed against you if you fail\n\nto give the required notice.\n\nIf you, as the nonrelocating parent, do not file a proceeding\n\nseeking a temporary or permanent order to prevent the relocation\n\nwithin thirty (30) days after receipt of notice of the intent of the\n\nother party to relocate the residence of the child, relocation is\n\nauthorized.”\n\nE. 1. On a finding by the court that the health, safety, or\n\nliberty of a person or a child would be unreasonably put at risk by\n\nthe disclosure of the required identifying information in\n\nconjunction with a proposed relocation of the child or change of\n\nresidence of an adult, the court may order that:\n\na. the specific residence address and telephone number of\n\nthe child or of the adult and other identifying\n\ninformation shall not be disclosed in the pleadings,\n\nother documents filed in the proceeding, or the final\n\norder, except for an in camera disclosure,\n\nb. the notice requirements provided by this article be\n\nwaived to the extent necessary to protect\n\nconfidentiality and the health, safety or liberty of a\n\nperson or child, and\n\nc. any other remedial action that the court considers\n\nnecessary to facilitate the legitimate needs of the\n\nparties and the best interest of the child.\n\n2. If appropriate, the court may conduct an ex parte hearing\nclosure,\n\nb. the notice requirements provided by this article be\n\nwaived to the extent necessary to protect\n\nconfidentiality and the health, safety or liberty of a\n\nperson or child, and\n\nc. any other remedial action that the court considers\n\nnecessary to facilitate the legitimate needs of the\n\nparties and the best interest of the child.\n\n2. If appropriate, the court may conduct an ex parte hearing\n\npursuant to this subsection.\n\nF. 1. The court may consider a failure to provide notice of a\n\nproposed relocation of a child as provided by this section as:\n\na. a factor in making its determination regarding the\n\nrelocation of a child,\n\nb. a factor in determining whether custody or visitation\n\nshould be modified,\n\nc. a basis for ordering the return of the child if the\n\nrelocation has taken place without notice, and\n\nd. sufficient cause to order the person seeking to\n\nrelocate the child to pay reasonable expenses and\n\nattorney fees incurred by the person objecting to the\n\nrelocation.\n\n2. In addition to the sanctions provided by this subsection,\n\nthe court may make a finding of contempt if a party violates the\n\nnotice requirement required by this section and may impose the\n\nsanctions authorized for contempt of a court order.\n\nG. 1. The person entitled to custody of a child may relocate\n\nthe principal residence of a child after providing notice as\n\nprovided by this section unless a parent entitled to notice files a\n\nproceeding seeking a temporary or permanent order to prevent the\n\nrelocation within thirty (30) days after receipt of the notice.\n\n2. A parent entitled by court order or written agreement to\n\nvisitation with a child may file a proceeding objecting to a\n\nproposed relocation of the principal residence of a child and seek a\n\ntemporary or permanent order to prevent the relocation.\n\n3. If relocation of the child is proposed, a nonparent entitled\n\nby court order or written agreement to visitation with a child may\n\nfile a proceeding to obtain a revised schedule of visitation, but\n\nmay not object to the proposed relocation or seek a temporary or\n\npermanent order to prevent the relocation.\n\n4. A proceeding filed pursuant to this subsection must be filed\n\nwithin thirty (30) days of receipt of notice of a proposed\n\nrelocation.\n\nH. 1. The court may grant a temporary order restraining the\n\nrelocation of a child, or ordering return of the child if a\n\nrelocation has previously taken place, if the court finds:\n\na. the required notice of a proposed relocation of a\n\nchild as provided by this section was not provided in\n\na timely manner and the parties have not presented an\n\nagreed-upon revised schedule for visitation with the\n\nchild for the court’s approval,\n\nb. the child already has been relocated without notice,\n\nagreement of the parties, or court approval, or\n\nc. from an examination of the evidence presented at the\n\ntemporary hearing there is a likelihood that on final\n\nhearing the court will not approve the relocation of\n\nthe primary residence of the child.\n\n2. The court may grant a temporary order permitting the\n\nrelocation of the child pending final hearing if the court:\n\na. finds that the required notice of a proposed\n\nrelocation of a child as provided by this section was\n\nprovided in a timely manner and issues an order for a\n\nrevised schedule for temporary visitation with the\n\nchild, and\n\nb. finds from an examination of the evidence presented at\n\nthe temporary hearing there is a likelihood that on\n\nfinal hearing the court will approve the relocation of\n\nthe primary residence of the child.\n\nI. A proposed relocation of a child may be a factor in\n\nconsidering a change of custody.\n\nJ. 1. In reaching its decision regarding a proposed\n\nrelocation, the court shall consider the following factors:\n\na. the nature, quality, extent of involvement, and\n\nduration of the child’s relationship with the person\n\nproposing to relocate and with the nonrelocating\nof\n\nthe primary residence of the child.\n\nI. A proposed relocation of a child may be a factor in\n\nconsidering a change of custody.\n\nJ. 1. In reaching its decision regarding a proposed\n\nrelocation, the court shall consider the following factors:\n\na. the nature, quality, extent of involvement, and\n\nduration of the child’s relationship with the person\n\nproposing to relocate and with the nonrelocating\n\nperson, siblings, and other significant persons in the\n\nchild’s life,\n\nb. the age, developmental stage, needs of the child, and\n\nthe likely impact the relocation will have on the\n\nchild’s physical, educational, and emotional\n\ndevelopment, taking into consideration any special\n\nneeds of the child,\n\nc. the feasibility of preserving the relationship between\n\nthe nonrelocating person and the child through\n\nsuitable visitation arrangements, considering the\n\nlogistics and financial circumstances of the parties,\n\nd. the child’s preference, taking into consideration the\n\nage and maturity of the child,\n\ne. whether there is an established pattern of conduct of\n\nthe person seeking the relocation, either to promote\n\nor thwart the relationship of the child and the\n\nnonrelocating person,\n\nf. whether the relocation of the child will enhance the\n\ngeneral quality of life for both the custodial party\n\nseeking the relocation and the child, including but\n\nnot limited to financial or emotional benefit or\n\neducational opportunity,\n\ng. the reasons of each person for seeking or opposing the\n\nrelocation, and\n\nh. any other factor affecting the best interest of the\n\nchild.\n\n2. The court may not:\n\na. give undue weight to the temporary relocation as a\n\nfactor in reaching its final decision, if the court\n\nhas issued a temporary order authorizing a party\n\nseeking to relocate a child to move before final\n\njudgment is issued, or\n\nb. consider whether the person seeking relocation of the\n\nchild has declared that he or she will not relocate if\n\nrelocation of the child is denied.\n\nK. The relocating person has the burden of proof that the\n\nproposed relocation is made in good faith. If that burden of proof\n\nis met, the burden shifts to the nonrelocating person to show that\n\nthe proposed relocation is not in the best interest of the child.\n\nL. 1. After notice and a reasonable opportunity to respond,\n\nthe court may impose a sanction on a person proposing a relocation\n\nof the child or objecting to a proposed relocation of a child if it\n\ndetermines that the proposal was made or the objection was filed:\n\na. to harass a person or to cause unnecessary delay or\n\nneedless increase in the cost of litigation,\n\nb. without being warranted by existing law or was based\n\non frivolous argument, or\n\nc. based on allegations and other factual contentions\n\nwhich had no evidentiary support or, if specifically\n\nso identified, could not have been reasonably believed\n\nto be likely to have evidentiary support after further\n\ninvestigation.\n\n2. A sanction imposed under this subsection shall be limited to\n\nwhat is sufficient to deter repetition of such conduct or comparable\n\nconduct by others similarly situated. The sanction may include\n\ndirectives of a nonmonetary nature, an order to pay a penalty into\n\ncourt, or, if imposed on motion and warranted for effective\n\ndeterrence, an order directing payment to the other party of some or\n\nall of the reasonable attorney fees and other expenses incurred as a\n\ndirect result of the violation.\n\nM. If the issue of relocation is presented at the initial\n\nhearing to determine custody of and visitation with a child, the\n\ncourt shall apply the factors set forth in this section in making\n\nits initial determination.\n\nN. 1. The provisions of this section apply to an order\n\nregarding custody of or visitation with a child issued:\n\na. after the effective date of this act, and\n\nb. before the effective date of this act, if the existing\nsented at the initial\n\nhearing to determine custody of and visitation with a child, the\n\ncourt shall apply the factors set forth in this section in making\n\nits initial determination.\n\nN. 1. The provisions of this section apply to an order\n\nregarding custody of or visitation with a child issued:\n\na. after the effective date of this act, and\n\nb. before the effective date of this act, if the existing\n\ncustody order or enforceable agreement does not\n\nexpressly govern the relocation of the child or there\n\nis a change in the primary residence address of an\n\nadult affected by the order.\n\n2. To the extent that a provision of this section conflicts\n\nwith an existing custody order or enforceable agreement, this\n\nsection does not apply to the terms of that order or agreement that\n\ngovern relocation of the child or a change in the primary residence\n\naddress of an adult.","path":["OK Code","Title 43"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os43.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"cbe7eeef34c47433849772cdbf7cfc330ca1cfcaa1d6431dc9096bf86367db3d","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43-43-112.2a","next":"us-ok/okla.-stat.-tit.-43-43-112.4"},"notice":"GroundRules: Original legal text. Not legal advice."}