Legal Question in Family Law in Oregon

taking a newborn from the state of hawaii

my daughter is leaving her husband to come back to oregon and he tells her she cannot take their newborn son without having full custody. They were married in oregon, but have lived in hawaii for 1 year. Does she need to file for custody before leaving?


Asked on 6/01/07, 9:36 pm

1 Answer from Attorneys

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

Re: taking a newborn from the state of hawaii

QUESTION:

my daughter is leaving her husband to come back to oregon and he tells her she cannot take their newborn son without having full custody. They were married in oregon, but have lived in hawaii for 1 year. Does she need to file for custody before leaving? And after six months, wife files for divorce and custody here in Oregon. I would see no problem.

ANSWER:

No, she does not need to "file for custody" before leaving Hawaii. Child is just as much hers as his. In essence, child is up for grabs.

View it this way: Wife and the parties' child are leaving Hawaii and coming to Oregon to visit wife's mother. Would wife need husband's permission to do this? And let's suppose the visit turns out to be longer ---- way, way longer --- than originally anticipated.

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Answered on 6/02/07, 4:36 am


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