The mother was granted a relocation by the court here in Arizona. She took our son up there for a higher paying job. But over the past year and a half, while we were both in Oregon, she made it very difficult for me to see him by making various accusation which kind of stalled the creation of a normal parenting plan. Thus, the judge set up temporary orders for several months. But before temporary orders ended, the mother found another job in Oregon which is where she is now.
My concern is that the court is going to grant a lot of weight to the fact that I've not been in my son's life very much over the past year and a half because she was able to prevent that. And prior to that, I took a job in another state for a year and a half after a long unemployment.
If you have a custody judgment in Arizona, then the terms of that judgment control for now; but if the child has lived for more than six months in Oregon, you can ask Oregon to assume jurisdiction over the case. You would need to 'import' your Arizona judgment to the Oregon court, by getting a certified copy of the judgment and registering it in the circuit court of the county where the child lives, with the appropriate motion. You can then file a motion to modify in the Oregon court. The legal standard Oregon uses for determining child custody and parenting time questions is the best interests of the children - not, note, the misconduct of, or fairness to, the parents. So you may not be able to get what you want immediately. You will have to be patient and have parenting time expand by degrees over time. You should consult with an attorney in private for guidance with this.
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>
Valid questions, but there are way too many facts that one needs to know that are not posted before an answer could be given. . See a lawyer experienced in interstate custody litigation right away.
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