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If I have full custody of my child, can I move out of the state of Oregon?

Portland, OR |

I have full custody of my daughter and am looking to relocate because of my fiance's job. I have informed her father of this decision and he has said that he wants what is best for her and if this move will create a better financial situation then he is ok with it. With that said, what if he changes his mind? Could he fight me on this? I do intend to submit an official notice with the court and him at 30 days. Thank you.

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Attorney answers 3

Posted

This depends on the language of your custody judgment. Generally, such judgments contain a provision saying that neither parent is to move more than 60 miles further distant without notifying the other party, or to move out of the state without approval of the other party or the court. In this case, it sounds like he's already approved, so you'd be fine. I would encourage you to get his approval in writing - email is fine. That way, if he later changes his mind and files a motion to stop you from moving, you can defend yourself by saying that he'd consented before, and is now just trying to mess with you.

Nothing posted on this site is intended to create an attorney-client relationship. 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: jay@northwestlawoffice.com | Online: www.northwestlawoffice.com

Posted

I think you are being very wise by submitting an official notice with the court and the child's father before relocating. I would wait for the court to approve the relocation of the child before moving, especially because it should not be a long process since the father does not seem to want to challenge the relocation. If you want to avoid any problems in the future, I would recommend you hire a family law attorney in your area to inform you of the relocation laws in your state and properly proceed and argue the relocation for you. Good Luck!

Posted

Even though your ex has already verbally approved of the move, you should send the required notice of the move to him and to the court. Your ex could change his mind and the fact that he previously consented does not mean he is barred from challenging the move if he does change his mind. When relocation cases are contested, they become very complicated and fact specific. If he does challenge the move, you will need to hire an experienced family law attorney to help you.

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