Greetings. First, I wanted to tell you that my father lived a couple of states away from me from age 3 through age 16. We had visitations, calls, letters, cards, gifts just like you mentioned, and I think he did a great job as a parent. Don’t under estimate your role, just because you are at a distance.
Now, in the court the issue for changing custody is two-fold. First, you must meet the standard that there has been a substantial change in circumstances from the date of the last order. Then, you must prove that it is in your children’s best interests to move to Oklahoma. While your children’s opinions are an important part of the process, they are not the main determining point. When your children get older, then their opinion matters more and more.
The bottom line is that I don’t think that you would be able to achieve a change in the custodial situation currently, since your children are doing well in school, generally happy, not doing without necessaries, and being treated well. Just keep up your efforts to remain in their lives and when they get older, then you may be able to have them come stay with you for a year or two. Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.