Legal Question in Family Law in Oregon

Father moving child

My ex & I are not married, my 5 year old lives with my ex & I pay child support & I see my ex whenever I want, which is very often. My ex lives 45 miles from me currently. We have never gone to court for custody. Can my ex move my child to a location that is 200 miles from me? If I don't give consent?


Asked on 2/17/08, 12:36 am

1 Answer from Attorneys

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

Re: Father moving child

I assume your "ex" refers to "ex-girlfriend" and my answer here is premised on that assumption.

If you are under a court order to pay child support for a child born out of wedlock, I assume that legal paternty was established somewhere along the line. When paternity was established, unless a court order specified otherwise, custody was automatically granted to mother and you were given no rights of visitation.

Under Oregon law, AFTER paternity of a child born out of wedlock has been established, a party seeking to establish visitation rights (or get custody from the other parent), can initiate a court proceeding to do so. But until and unless that happens, the parent with custody may move with the child to any place she wants, no matter how far (even to another country), and does not need your consent.

If you are unhappy about that situation, your remedy is to initiate a court proceeding to obtain a court order that gives you the rights that you do not presently have.

LDG

Read more
Answered on 2/17/08, 1:33 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Oregon