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Under Oregon law can my daughters father move her out of state?

Mcminnville, OR |

My daughters father has full custody. He has come to me recently saying that he is moving out of state with our daughter as soon as August. She is almost 13 years old and doesn't want to move. Her whole life is here. Can he force her to go? Is there anything I can do to stop him?

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Attorney answers 3


There is something you can do to stop him. You should file a motion to modify custody as soon as possible. If the father has full custody, you may also have parenting time/visitation rights which could also be affected by a move. Consult with an attorney to assist you in filing the motion.

This response should not be relied upon as advice. Communication in this forum does not create an attorney client relationship.


Your custody judgment likely contains a provision that requires the father to get your consent, or the court's permission, before moving out of state or over 60 miles further distant from you. This is a standard term in Oregon custody judgments, and if he has primary legal custody, I assume that you have one. You should consult with a lawyer to determine whether a court is likely to grant him permission, and what you can do to influence the matter.

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 do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. 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> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: | Online:


I agree with both attorneys. Meet with a custody attorney ASAP. Good luck,

Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

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