QUESTION

Can husband legally take kids out of state and file for divorce somewhere else if wife left him and kids and moves in with her lover?

Asked on Oct 24th, 2015 on Child Custody - Oregon
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Family Law Attorney serving Redmond, OR at Oliver & Duncan
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In Oregon, the Circuit Court in the county in which the parties have lived for the last six months is the court that has jurisdiction over dissolution of marriage and child custody/parenting time and support issues. If husband were to move to another county in Oregon and file his dissolution petition within six months, he could only apply for a legal separation then move to amend the original petition after he has been in the new county for more than six months. Also, the court would defer jurisdiction on the custody, parenting time and support issues for the kids to the last county in Oregon where they has lived for more than six months. All in all, the husband is better off to stay in the county where he and the wife had lived and file his dissolution in that county. Further, if he were to move to another state, he could face some adverse consequences if wife accuses him of removing the kids from Oregon so that she could not have any contact with them.
Answered on Nov 02nd, 2015 at 3:45 PM

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