Skip to main content

Custody rights

Portland, OR |

The mother of my son is taking him out of the state to live. We had an agreement the he'd live with me during the school year and would visit her for the summer. However she changed her mind and is now wanting him full time. Do I have any rights? We were never married.

+ Read More

Attorney answers 3


Of course you have rights, but you need to go to Court to enforce them. You need to consult with a good child custody lawyer in your area on Monday to discuss your options. Don't wait. You need to move quickly!!


It's not quite clear from your description whether or not you have a judgment of custody and parenting time, on file with a court, that governs custody of this child. If you don't have one, then you need one - your "agreement" is meaningless unless it's enforced by a court. If you do have one - or if you get one - then it should say that neither parent may move the child more than 60 miles further distant from the other without permission of the other parent or order of the court.

It seems most likely that you don't have such a judgment, so if you want to keep your child around, you'll have to file a petition immediately to get one. At the time of filing, you can ask the court to issue a 'temporary protective order of restraint' that will require both parents to keep following the same daily schedule for the child that you've been observing for the past 3 months. This will keep them in the state while the court works out a judgment that states what rights each of you have. You should consult in private with an attorney for assistance in this, as soon as you can.

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 are not intended to constitute legal advice, create an attorney-client relationship, or solicit business. No posts or comments on this site are in any way confidential. Each case is unique. Information not contained in these posts may create significant exceptions to the advice provided in any response. 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>


Of course you have rights. If your son has been living with you, you have a good chance of being awarded custody. Your next step is to take your judgment or agreement to a custody attorney to discuss your options. Good luck, Diane PS: Many judges are reluctant to allow a child to move out of state, away from the other parent.

Be sure to designate "best answer." 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 27 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.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer