It is possible and it is legal, absent a court order to the contrary. There seems to be a concern over the parental abilities of the spouse. Is this something that you should be concerned over...well, that's a personal call that you will have to make on your own that no attorney here can make for you. There seems to be more family dynamics at play than what you are letting on above and maybe you should think about whether you feel that this is something you can work on through counseling or if you want to speak with an attorney to get custody and everything else established for a divorce.
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Yes, it is legal. In the absence of a court order to the contrary, both of a child's parents (whether married or not) have equal and total custody rights over the child. A parent's history of CPS cases doesn't change that (and while it might not look good for that parent if they end up in court, it won't necessarily be great for the other parent, either. After all - they might say - you chose to have children with this person, right?)
That said, if you act quickly, it is possible to obtain a court order compelling the parent to return the child to Oregon. If you file for divorce, you can ask the Court for a "status quo order" that fixes parenting time at whatever the schedule had been for the previous three months. So if you both got to see the child every day before they left, they'd have to allow that schedule to continue, or be in violation of the order. You should consult with an attorney about this promptly if you mean to try it. You can learn more about these laws here:
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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.
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