Legal Question in Family Law in Oregon

Re: Leaving the State During Divorce

First, Yes she can go, but the question is really can you force her to come back? It depends on how long you have lived in Oregon. If you have lived in Oregon for six month, Oregon would have primary jurisdiction. If you wife returns to Michigan and stays there for six months, then Michigan would have jurisdiction. Jurisdiction, or the right of a particular state, to make a determination regarding custody can be challenged, but the six month rule is the general guidelines. Your wife is the a legal parent and she can go to Michigan, but you would have to file an action to require she come back to Oregon with your son. This is complicated, so I recommend you contact a lawyer if this occurs.