In the state of Oregon is it legal for a spouse to leave the state with a 5 week old child without telling the other?

Asked over 1 year ago - Gresham, OR

wouldn't this be kidnapping? what if he/she has prior C.P.S. involvement and lost children to the state before? one case still remains open.

Attorney answers (2)

  1. Reid A Seino

    Contributor Level 15


    Lawyers agree

    Answered . It is possible and it is legal, absent a court order to the contrary. There seems to be a concern over the parental abilities of the spouse. Is this something that you should be concerned over...well, that's a personal call that you will have to make on your own that no attorney here can make for you. There seems to be more family dynamics at play than what you are letting on above and maybe you should think about whether you feel that this is something you can work on through counseling or if you want to speak with an attorney to get custody and everything else established for a divorce.

    This answer is provided as a general opinion to a question posted on an internet forum. This does not create in... more
  2. Jay Bodzin

    Contributor Level 20


    Lawyers agree

    Answered . Yes, it is legal. In the absence of a court order to the contrary, both of a child's parents (whether married or not) have equal and total custody rights over the child. A parent's history of CPS cases doesn't change that (and while it might not look good for that parent if they end up in court, it won't necessarily be great for the other parent, either. After all - they might say - you chose to have children with this person, right?)

    That said, if you act quickly, it is possible to obtain a court order compelling the parent to return the child to Oregon. If you file for divorce, you can ask the Court for a "status quo order" that fixes parenting time at whatever the schedule had been for the previous three months. So if you both got to see the child every day before they left, they'd have to allow that schedule to continue, or be in violation of the order. You should consult with an attorney about this promptly if you mean to try it. You can learn more about these laws here:

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Child Custody in a Divorce

Child custody may be physical or legal. Physical custody covers who the child lives with, and legal custody is the right to make decisions.

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