Legal Question in Family Law in Oregon

I have two daughters with my ex husband one is 6 and the other is 12. I was wondering if my ex can keep me from moving out of state for employment reasons. The only thing in my papers says that I have to give him a 60 day notice if I'm moving more than a hour away. Can he keep my here? Or take the kids from me?


Asked on 6/22/10, 3:01 pm

1 Answer from Attorneys

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

You are misreading what you divorce judgment says. It is NOT a 60-day notice if moving morre than an hour away. Rather, what it says is that "NEITHER PARENT MAY MOVE TO A RESIDENCE MORE THAN 60 MILES FURTHER DISTANT FROM THE OTHER PARENT WITHOUT GIVING THE OTHER PARENT REASONABLE NOTICE OF THE CHANGE OF RESIDENCE AND PROVIDING A COPY OF SUCH NOTICE TO THE COURT."

So send him a letter giving him "reasonable notice" (the statute does not say what constitutes "reasonable notice," but most lawyers would suggest not less the 30 days) of your relocation plans. It is then up to him do obtain a court order blocking the move. If he fails to do so, you are good to go.

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Answered on 6/22/10, 8:57 pm


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