Legal Question in Family Law in Oregon
Child custody before divorce is final
My husband and I have been apart 2 years. My son has been with me in that time and visiting his father. I have filed for divorce and I have heard he plans to take our son to another state without telling me. How can I prevent this from happening?
1 Answer from Attorneys
Child custody before divorce is final: Here's what you need to do.....
Have your lawyer obtain from the court a "Temporary Protective Order of Restraint" as allowed by ORS 107.097(2).
ORS 107.097(2) says......
(a) A party may apply to a court for a temporary protective order of restraint by filing with the court an affidavit conforming to the requirements of ORS 109.767.
(b) Upon receipt of an application under this subsection, the court may issue a temporary protective order of restraint restraining and enjoining each party from:
(A) Changing the child�s usual place of residence;
(B) Interfering with the present placement and daily schedule of the child;
(C) Hiding or secreting the child from the other party;
(D) Interfering with the other party�s usual contact and parenting time with the child;
(E) Leaving the state with the child without the written permission of the other party or the permission of the court; or
(F) In any manner disturbing the current schedule and daily routine of the child until custody or parenting time has been determined."
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Alternatively, go to the following website:
http://www.ojd.state.or.us/osca/cpsd/courtimprovement/familylaw/flpacket6.htm#B
And scroll down to Form 6B (Status Quo Order Application Packet).
L.D. Gorin