Sapulpa, Oklahoma family law child custody attorneys represented Petition and Respondent disputing child custody.
¶0 The parties in this case are the biological parents of R.L.K. Father received orders directing him to report for basic training and advanced individual training with the United States Army National Guard. Prior to leaving, Father filed a motion seeking an order authorizing the temporary transfer of his custody and visitation rights with R.L.K. to his spouse. Father maintained he was a "deploying parent" under the Oklahoma Deployed Parents Custody and Visitation Act. The trial court found the ODPCVA was controlling and vested Father's wife with the right to exercise visitation with R.L.K. during his absence. Mother appealed the judgment. We retained the case as a matter of first impression, and reverse the lower court ruling.
Outcome:
¶15 We hold that Father was not a "deploying parent" because his temporary transfer was not "in support of combat, contingency operation, or natural disaster" as mandated by 43 O.S.2011 § 150.1. Thus, the trial court erred in sustaining Father's motion seeking to transfer his custody and visitation rights under the ODPCVA.
The outcome was: ¶15 We hold that Father was not a "deploying parent" because his temporary transfer was not "in support of combat, contingency operation, or natural disaster" as mandated by 43 O.S.2011 § 150.1. Thus, the trial court erred in sustaining Father's motion seeking to transfer his custody and visitation rights under the ODPCVA.
TRIAL COURT'S ORDER AND JOURNAL ENTRY OF
JUDGMENT REVERSED; MATTER REMANDED FOR
FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION
¶16 Gurich, C.J., Wyrick, V.C.J., Winchester, Edmondson and Darby, JJ., concur;
¶17 Kauger, Colbert, Reif and Combs, JJ., dissent.
Which court heard KOHLER v. CHAMBERS?
This case was heard in Oklahoma Supreme Court on appeal from the District Court in and for Creek County, OK. The presiding judge was Gurich.
Who were the attorneys in KOHLER v. CHAMBERS?
Plaintiff's attorney: Best Sapulpa Divorce Attorney
Directory. Defendant's attorney: Best Sapulpa Divorce Attorney
Directory.