I have had sole custody of my 12 year old for almost 6 years and we have moved out of Oregon for 5 years. I found out two years ago that the judge never signed the parenting plan that was put in place before we moved. My son has mention moving to his dad when he is trouble etc. here at my house. His dad has been pushing it ever since.He text me awhile stating that basically if I do not let our son make his own decision that he was going to take me to court.I ignored it because I feel like he is bullying me. He text me again recently stating the same thing. I finally talked to him and I just felt like he wasn't listening to me. After we got off the phone, I went to text a good friend about the anger I had towards my sons dad.The text got sent to my sons dad, he replied back with see you inI had sole custody before moving to Washington and then moved. There is a active child support in Oregon. We currently are living in Washington and we lived in Washington for almost 6 years now.
From your question it is unclear whether or not you currently live in Oregon. The proper jurisdiction for the case may not be Oregon any longer, so you would have to talk to an attorney about that aspect. If the case is in Oregon, a child's opinion of where he wants to live is only a factor that the court will consider in considering what is in the best interests of the child. If there is currently no judgment in force in your case you should contact an attorney and file a case right away, if there is nothing signed by the judge, then you do not actually have "sole custody" you just have your son with you right now. I would recommend speaking with an attorney about what is going on, and they will be able to tell you what is best to do.
One cannot take legal custody via text message; that can only be awarded by the court, and according to your statement above neither parent has sole custody at all since the court did not sign off on the parenting plan. In fact, it is likely that the case has since closed. If you have lived outside of Oregon for 5 years, then you should contact a local attorney about the possibility of filing a custody action in your present state, which may be the correct jurisdiction. If not, or if you presently live in Oregon, you should contact an Oregon attorney about how to proceed in court here. In either case, you may be back at square one since there is no judgment signed and likely not even an open case. Good luck with getting your situation resolved.
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