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OR state child custody laws, spouse is being transferred to another state because of work procedure to change child custody

Asked over 3 years ago - Bend, OR

I have temporary custody of my child and in the order it states that I can not take the child out of oregon and I am not allowed to move more than 60 miles from where my ex resides.

Do to the state of the economy my husband took a wonderful job in Portland oregon I went to court to get the restiction lifted and I was denied my husband is now living with our other 2 children in the portland area and my self and my child in the custody matter are 127 miles away from them in another part of Oregon we are living with friends and that is only a temporary living arangement I do not have any support here and all my family is in Portland and Washington I also have a full time job there that will also allow me to remain a full time Mom.
I want to know what would happen if I moved any way before the final custody hearing?

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Attorney answers (2)

Lorena M Reynolds

Reputation Level 7

Answered about 3 years ago. Family Law Attorney in Corvallis, OR.

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A number of remedies would be available to your ex-spouse if you move in violation of the court order. Among them are: Parenting Time Enforcement proceedings (if the move interfers with the parenting time plan); remedial Contempt of Court proceedings (for violating the court order); and Modifiation of Custody proceedings (because this would undoubtedly be a move that constitutes a change of circumstance and because this is an optional remedy under the Parenting Time Enforcement action). The Court cannot prohibit you from moving to be with your family, but it can order that your child live with the other parent if you move. This is a complex situation, though increasingly common. The stakes are high and I would strongly recommend an attorney.

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Daniel S Margolin

Reputation Level 12

Answered about 2 years ago. Child Custody Lawyer in Portland, OR.

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If the order states that you cannot move, then you would be in contempt of court and could face serious sanctions. Violating the court's order would make your chances of obtaining a final custody award very slim. In addition, the temporary parenting plan likely provides for more frequent parenting time to the other parent than you can provide if you are in Portland which would expose you to enforcement of parenting time proceedings.

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