Legal Question in Family Law in Oregon

He can file for divorce in Texas so long as he meets the Texas residency requirement of six months. While Texas would have legal authority to grant a judgment declaring the marriage as dissolved, Texas would NOT have jurisdictional authoity to make any determination or ruling as to the custody and/visitaiton with children. This is so because decisions as to child custody and visitation when parents live in two different states is controlled by the Uniform Child Custody and Enforcement Act (UCCJEA), which says that only the child's "Home State" has legal authority to render custody and visitation decisions.

"Home state" means "the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, �home state� means the state in which the child lived from birth with any of the persons mentioned. Any temporary absence of any of the mentioned persons is part of the period."