Legal Question in Family Law in Oregon

Can I take my child with me?

My husband and I have have been married for almost 2 yrs now and I'm extremely unhappy. I would like to move back home to WA State. I am now in Oregon. We have a 15 month old daughter. Can I just up and leave and take her with me or is that against the law? I don't want to file for a divorce at the moment, I just want to move home where the rest of my family and support network are.


Asked on 5/08/05, 6:30 pm

1 Answer from Attorneys

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: Can I take my child with me?

YOUR QUESTION:

My husband and I have have been married for almost 2 yrs now and I'm extremely unhappy. I would like to move back home to WA State. I am now in Oregon. We have a 15 month old daughter. Can I just up and leave and take her with me or is that against the law? I don't want to file for a divorce at the moment, I just want to move home where the rest of my family and support network are.

ANSWER:

YES, you can just up and leave. You are not your husband's property. And you and your husband have equal custody as to the daughter. If you want to up and leave, you have every legal right to do so, and there's nothing that prevents you from taking your daughter with you.

LDG

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html


Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Phone: 503-224-8884 (afternoons, Pacific time)

Fax: 503-226-1321

E-mail: [email protected]

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Answered on 5/08/05, 7:06 pm


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