I currently reside in Salem Oregon and I got a new job opportunity in Boise Idaho. I'm trying to move. I do have joint custody.

Asked 3 months ago - Salem, OR

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

Attorney answers (2)

  1. Jay Bodzin

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . 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:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more
  2. Ian Jeffrey Slavin

    Contributor Level 13

    1

    Lawyer agrees

    1

    Answered . 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.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,080 answers this week

2,800 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,080 answers this week

2,800 attorneys answering