Legal Question in Family Law in Oregon
child custody and father not adhearing to divorce decree
My problem is according to my divorce decree i have physical custody of my 3 girls, my ex decided to move out of state to washington & asked if he could have the girls for an extended visitation. finally i agreed, with stipulations. That was oct 9,2003. it is now august og 2005. he refuses to let me talk to the girls and doesnt let them email me back. i have not seen my girls for almost 2 yrs. although I have attempted to go get them from him a couple of times. he says that the girls will be ready, but when i get there he is nowhere to be found and his new wife says he went somewhere with the girls and their uncle. now he wont even let them talk to me. i know his home is not a good environment for them to live in. he has a felony background. for months when he allowed the girls to talk to me he made my 11yr old live in a room filled with mold and now she has respritory problems, finally moved her out and put my 6yr old in the room. i fear for my childrens health and safety. since he moved i had remarried and my current husbands job took us to california. I need to know what i can do to be able to get my girls back according to the california laws. i tried for over a yr in oregon, but had no luck getting the help needed.
1 Answer from Attorneys
Re: child custody and father not adhearing to divorce decree
Generally speaking, the courts in the state that the child(ren) has/have lived for the last 6 months have jurisdiction.
This may be a question to ask an attorney in Washington.
Just out of curiousity, you mention that you made agreements with "stipulations." Was this part of a court order or was it something you did on your own. Also, are their any court orders in this case?
It seems to have been close to two years since you took any action to get your children back (not sure if I read you correctly), this is a long time and a status quo has been established that courts may not want to change too much outside a credible showing of detriment to the child.
This is all speculation on my part and you probably want to wait for other opinions.
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