Legal Question in Family Law in Oregon
child abduction
my girlfried and i have a 2and 1/2 year old son,we lived together as a family both supporting our son.11 days ago she had her parents come down from oregon. they rented a moving truck and emptied our home taking everything. she went up north with them taking my son. i tried to file ex parte papers trying to get custody of my son,but the system took to long. she filed restraining papers falsely accusing me of abuse, stating that she was a resident of oregan after only being there 2 days. i finally was able to file but we cannot locate her she is living with her parents. will her oregon papers superceed mine? she filed on the 20th and i was served today the 26th. i filed on the 22nd, but was unable to see the d.a. until today. she wants full custody of my son, with no rights for me.
1 Answer from Attorneys
Re: child abduction
Assuming the child has lived all 2 1/2 years in CA, OR has no jurisdiction under the Uniform Child Custody Jurisdiction Act (UCCJA). You need to serve her and have the CA judge talk to the OR judge by phone. Get an atty.