Can I Move My Child Out of State Before I File for Divorce?

Can I move from Arkansas to Oklahoma with my child before I file for divorce without any consequences? I want to relocate to Oklahoma within the next 2 weeks. I have not filed for divorce yet. My husband is a truck driver and never home. I am barely making ends meet right now financially and I feel life in Oklahoma will be a better opportunity.

The easy answer is yes. When a married couple have not filed for divorce, each of you have the same rights to your child.

However, there is a law that states that a child must live in a state for 6 months before that state has jurisdiction over the child. That means that if you move to Oklahoma, you would no longer be entitled to an Arkansas divorce because you are no longer a resident of Arkansas, but you would have to wait 6 months before you could file in Oklahoma.

It is important that the state you are divorced in have jurisdiction over your child so that the Judge can award custody, child support and visitation.

Update in response to Coronavirus

Your team at Martin Attorneys, PA is happy to meet with you, our clients or prospective clients by phone, Skype, or in person.

To schedule an appointment, please use the form below to arrange a meeting time and method convenient for you or call us now at 479-872-5500. We look forward to serving you!

Contact Us

Schedule Your Free Visit

Appointments are available Monday through Friday between 8:30am and 4:30pm.