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Can i move out of state

Salem, OR |

My son is 2 and half has lived me since he was born his dad has moved out of state several times, he has never paid child support, i let him see our son when he asks. we currently live in oregon and i need to move to north coralina. we have no custody papers filled or anything is it safe to move or not?

Attorney Answers 4


  1. This largely depends on whether there is any judgment of child custody in place or not. If there is a judgment, it probably requires you to get the permission of the other parent or the court before moving out of the state, or 60 miles further distant from them. If there is no judgment, however, then nothing prohibits you from moving. You should be aware that the father will always have the right to sue you (in whatever state you happen to live in) to seek some custody or parenting time rights with your child. However, the longer he stays away, the less likely he is to succeed at that. You can read more about these laws here: http://www.northwestlawoffice.com/custody.html

    Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: jay@northwestlawoffice.com | Online: www.northwestlawoffice.com


  2. This is a family law question.


  3. If there is no court order in place regarding father's parenting time or requiring you to notify him before you move (which appears to be the case) then you are not violating any court orders by doing so. Be aware, however, that currently Oregon is the "home state" of the minor child and once father finds out you have moved it is possible that he could file an Oregon case to legally establish his parenting rights, which could mean that you end up having to hire an Oregon attorney and come back to Oregon to address the issues. If the minor child lives in N. Carolina for 6 months before any courts become involved, then N. Carolina becomes the child's "home state" and any court proceedings regarding custody and parenting time would have to occur in N. Carolina. Good Luck.


  4. This is a very important question concerning your life, your son's life, the father's rights, and has many legal ramifications that need to be properly discussed with a lawyer. Asking for a legal opinion here on Avvo on which to base a critical legal decision is relying on fortunes in a fortune cookies or a magic 8 ball to plan your life. See a lawyer and get proper legal advice.

    As for the child support - you have always had free enforcement assistance through the State of Oregon - either the district attorney or the department of justice depending on which program you qualify for. Your discussion with an attorney should include the pro's and con's of seeking child support. If you do move, consider this, your son may end up taking plan trips alone to Oregon to visit his dad a few times a year. So nothing is perfect. http://www.portlandlegalservices.com

    The comments by this author to questions posted on Avvo are designed to foster a general understanding of what might be the law governing the area of the legal problem stated and suggest what might be the approach to finding a legal solution. Under no circumstances is this author acting as the attorney for the party who posted the question or as the attorney for subsequent readers to the question or response and no attorney client relationship is being formed. This attorney's comments are not intended to be a substitute for getting legal advice from a licensed attorney. A reader of this author's comments should never act on the information provided in these comments as though these comments were legal advice and should always seek legal advice in a personal consultation with an attorney in their jurisdiction before taking action. The information provided here is not intended to cover every situation with similar facts. Please remember that the law varies between states and other countries and is always changing through actions of the courts and the Legislature.

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