Myah Osher’s Answers

Myah Osher

Portland Family Law Attorney.

Contributor Level 7
  1. If I am still married can I move my kids out of state with me without their father

    Answered over 5 years ago.

    1. Myah Osher
    1 lawyer answer

    This is a very tricky area. Technically, you and your husband both have custody rights until there is a divorce judgment or custody order of some kind. This means that either of you could leave the state with the children. If you do so, he could certainly take the kids from you and bring them back to Missouri. In other words, with no order in place, you BOTH can do whatever you want to. Another issue is that once you move to a new state, that state will have a different law about when you...

    1 person marked this answer as helpful

  2. Do I need to get a lawyer to get sole custody?

    Answered over 5 years ago.

    1. Myah Osher
    1 lawyer answer

    There are a few different things going on here. First, it sounds like you're asking where to file to modify your agreement. This answer depends on where the original custody judgment was filed. Were you originally divorced in New York? If so, then New York probably still has jurisdiction over your case. If you and your son currently live in Ohio and you've lived there long enough under Ohio law, you can probably get the case transferred to the Ohio courts. Do you need an attorney? Well,...

    1 person marked this answer as helpful

  3. I am a single mom. I was just offer a job out of the state of michigan can i take my kids without there fathers permission.

    Answered over 5 years ago.

    1. Myah Osher
    1 lawyer answer

    Technically, yes. But, this can cause issues in the long run. Were you ever married to the father? If so, you probably want to get divorced and granted custody before leaving. If not, you're probably okay to move but you should check with a local attorney to get more information about potential issues you may not have thought about yet.

  4. Father of child is in prison. Never married, can I get sole custody without a lawyer?

    Answered over 5 years ago.

    1. Myah Osher
    1 lawyer answer

    In many states, you can go to the county courthouse and pick up documents to file on your own. Without knowing all of the facts of your case, I can't be as helpful as I'd like to. But, I can tell you that (at least in Oregon), it's fairly easy to get the paperwork done without an attorney, especially if the other party is in prison. If you have never filed for custody of the child, you would want to just file the paperwork to get custody. You'll have to get the father served in prison, but...