Custodial parent wanting to move out of state, approximately 2,000 miles away. Child's entire extended family is here. She has attended school here for her entire life (she is going into 9th grade). Can custodial parent take child away from family, including grandparents who do not feel this is in her best interest, friends and school just because she feels like it? What rights does the non-custodial parent, who is a big part of child's life, have?
In almost every state the family court will bar a move out of the state if it is not in the best interest of the child. A custodial parent can be charged with child abduction, arrested, and lose custody and wind up paying child support. But nothing at all will happen unless the non custodial parent gets off his butt,hires a Oregon family law attorney and files an Order to Show Cause to bar the move.
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Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with a local attorney about this issue.