Moving Child Cases

One of the reasons why divorces are so difficult is that the unknowns abound, and it is easy to feel fearful about unknowns. Getting your “What happens if…” questions answered is a great way to ease those fears. An experienced family law attorney can provide answers and reassurance. One common cause that brings people to our firm, is a threat by one parent to move far away with the child.

In Oregon, a custodial parent does not automatically get to move away from the other parent if they wish. When a potential move first comes up, it’s crucial to get the opinion of an experienced family law attorney before you make any moves, express your wishes in a forceful way, or agree to anything.

The Court of Appeal has turned away from the belief, long-held and still current in other states, that the custodial parent should be allowed to move away from the child so long as the move is not detrimental to the child. In 2009, the Oregon Court of Appeals said that an Oregon statute (stating that children deserve close contact with good parents) should be given its full weight when deciding when or not to allow a child to move away with a custodial parent. Since the child is presumed to be bonded to both parents, these moves are disfavored—at least in theory.

In practice, however, results are highly uneven. If a move away is a possible outcome in your situation, schedule a consultation with McLain Legal Services. Our attorneys are highly experienced with Moving child cases and can help you understand the practical applications of these laws.

Parental Kidnapping

At the extreme edge of the “moving child” spectrum of cases, you have those that appear to be parental kidnapping. Even here, though, there is a continuum. For example, while it may feel like a kidnapping if a non-custodial parent in one city does not send the child home to the primary parent at the end of the summer, from the perspective of Oregon Family Law, this situation would be seen as a straightforward enforcement situation. However straightforward, such situations can still be stressful, and having a professional on your side makes a difference. When a child is removed from care by the other parent, the legal ramifications are confusing and difficult to navigate without the advice of an experienced family law lawyer. You will want a reliable and experienced lawyer on your side.

Don’t wait to speak to an Attorney. Delay is often a disadvantage, and knowing all the information you can, will help you avoid doing yourself a disservice by waiting too long, or making agreements that limit your rights. Call (503) 343-9238 or fill out the form below to schedule your consultation today.