Legal Question in Family Law in Oregon
Child Custody, Unmarried Parents.
I was in a relationship for 11 years and had a daughter with him, never married. We split up about 3 years ago and our daughter naturally lived with me. It became really hard financially about 1 1/2 years ago and me and her dad agreed that she would live with him for a short period of time since he had a home and I was in between places. It was not intended to be this long, however I have moved out of state to Oregon, him and daughter are in Calif. She has come to visit me on multiple occasions and I have finally become financially stable and have a 2 bedroom house where I reside and want her to come live here with me. My daughter, age 14 now, also wants this. But now dad is saying no. What are my rights? She is my daughter whom I have always had custody of, we have never taken any of this to court. We have always just worked together on things, until now. Can I just go pick her up and bring her to Oregon, register her in school and pick up where I left off a year and 1/2 ago? She is my child after all. Thank you for any advice you can offer me.
1 Answer from Attorneys
Re: Child Custody, Unmarried Parents.
You said: "We have never taken any of this to court....."
Assuming that that is correct (and there is no existing court order or judgment determining and awarding legal custody of the child to either parent), you and the father have equal legal rights regarding the child. Until and unless there is a court order that says otherwise, the child is up for grabs. You can snatch her from father and father can snatch her right back.
LDG