I'm the primary parent and needing to take my son with me. It does state I can move over 60 miles but would need to meet parenting plan. I know I need to do a modification for the parenting plan. He doesn't want our son to move. Please help in my favor
Family Law Attorney
The default rule for parents moving in custody cases in Oregon is this: each parent is required to give the other parent advance notice (30 or 60 days, typically; your custody judgment will say) of their intention to move. The other parent can then file a motion seeking a modification of custody and/or parenting time, based on the 'substantial change of circumstances' represented by the move. A court can't prohibit a parent from moving, but they can - and often will - prohibit a parent from taking their child with them, and away from the other parent. To get a court's permission to take a child, over the other parent's objections, you have to prove to the Court that the move is in the child's - not merely the parent's - best interests. (Factors like a parent's better job opportunities are about the parent's best interests, not the child's. You have to show why the child themselves, is better off in the new location.) Because Oregon law maintains that it is in a child's best interests to have regular and ongoing contact with both parents, a parent who wants to move away, and thereby seriously decrease the other parent's contact with the child, faces a substantial burden. Much depends on how often the other parent sees the child now, and how much that would have to change based on the move. If you mean to pursue this, you should consult with an attorney in private.
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 are not intended to constitute legal advice, create an attorney-client relationship, or solicit business. No posts or comments on this site are in any way confidential. Each case is unique. Information not contained in these posts may create significant exceptions to the advice provided in any response. 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>
Family Law Attorney
To add to Mr. Bodzin's answer, Oregon courts have maintained that a better job opportunity is more in the parent's best interests rather than the child's. Merely asserting a better job with better income is not, by itself, sufficient to show the move is in the child's best interests. You should consult with a local, experienced family law attorney right away so all the facts of your situation can be reviewed in a confidential setting. Good luck.