Legal Question in Family Law in Oregon

Can my ex move away with my daughter?

I am very involved in my 10 year old daughters life. I pick her up almost everyday from afterschool. We've done soccer, dance, piano, karate etc. over the 7 years since the divorce. I have never considered moving due to my interest and involvement in my childs life. However, my ex has hinted that she might move, but won't tell me anything definite. We share joint legal custody, primary residence is with her mom. Our decree has the OR. Revised Statute 107.159. Does this limit how far she can move? Is there anything I can do before it's too late? This would be a major hardship on us both. The mother doesn't seem to care. Please help, Thanks.


Asked on 3/14/02, 2:42 am

1 Answer from Attorneys
Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: Can my ex move away with my daughter?

Does ORS 107.159 limit how far she can move?

ANSWER: No, it does not. However, if she is going to more more than 60 miles from where you live, she is required to give you and the court notice of the move.

Is there anything I can do before it's too late?

ANSWER: Yes. You can file a motion with the court seeking to modify the existing order so as to specifically bar her from changing the residence of the child to a location more than, say, 20 miles from where you live.

Hopefully, the court will grant your motion, thereby giving you a degree of security that does not now exist.

LDG

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Answered on 3/14/02, 3:43 am


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