Legal Question in Family Law in Oregon

Relocation Rights of a Minor Against Mother's Wishes

My ex-wife and I have joint custody of my 14 year old daughter. Although I have parental control and my daughter lives with me, I am legally required to permit overnight visits at her mother's place every other weekend and every other week in the summer. I am also required by the Washington County Court in Oregon to give my ex and the court 60 days notice in writing if I plan to relocate over 60 miles with my daughter. I am retiring this summer and will be relocating across country taking my daughter with me. Assuming I am a good parent, my ex is still likely to challenge my move in the courts. Does she have a reasonably good legal case that would keep my daughter in Oregon? If you think that I will likely be able to take my daughter with me, is it likely that I will be under some legal obligations toward financing visitations by my ex or daughter (none exist now)? If not now, does my ex have a reasonably good legal chance of obtaining visitations rights at my expense because she has no money and will likely not be able to afford travel for any visitations? If she has a reasonably good case of winning in any of the above scenarios, how early should I realistically notify her and the court in order to assure my move on August 1?


Asked on 2/25/05, 1:16 pm

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

Relocation Rights of a Minor Against Mother's Wishes

YOUR QUESTION:

Does she have a reasonably good legal case that would keep my daughter in Oregon?

ANSWER:

Yes, maybe. Each case is decided on its own unique facts, the ultimate question being �What�s in the best interest of the child?�

Also, under Oregon law, joint custody necessarily involves JOINT DECISION MAKING regarding major decisions pertaining to the child. This would include where (and with whom) the child is going to live. I take it, therefore, that the decision to change the child�s residence to a location 3,000 miles away from her mother is one that was JOINTLY made by you and the mother. Or am I wrong in that?

You would be well-advised to discuss this entire situation with a family law lawyer (other than me) immediately. An ounce of prevention is worth a pound of cure.

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Answered on 2/28/05, 12:55 am


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