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KOHLER v. CHAMBERS

Date: 01-29-2019

Case Number: 2019 OK 2

Judge: Gurich

Court: Oklahoma Supreme Court on appeal from the District Court in and for Creek County

Plaintiff's Attorney:





Best Sapulpa Divorce Attorney

Directory


Defendant's Attorney:





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Description:
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.



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.

Plaintiff's Experts:
Defendant's Experts:
Comments:

About This Case

What was the outcome of KOHLER v. CHAMBERS?

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.

When was KOHLER v. CHAMBERS decided?

This case was decided on January 29, 2019.