QUESTION
If there has been no court ordered custody established in Oregon can a parent move a child out of state?
Asked on Jan 15th, 2013 on Child Custody - Oregon
More details to this question:
I had been the sole caretaker and provider for my son for a period of three years while the other parent had moved to New York to live with a boyfriend she met online. She then returned after three years and moved my son to New York without my knowledge. There had been no divorce papers or custody papers filed throughout this time.
1 ANSWER
Technically, yes, but that's probably not a good idea. While both parents would normally have the authority to move the child to another location in the absence of a court order, the state that has jurisdiction over the child is the state where the child has lived for the last six months. Thus if you remove the child from the state, the other parent can file an action for custody that seeks an order for the return of the child and the court will likely grant that motion ASAP. From then on, the court would likely see you as someone who was trying to steal the kid from the other parent.
Answered on Jan 18th, 2013 at 5:39 AM