She called last week from Colorado and said her and my 16 month old son are going to stay there and not come back to Oregon. We dont even have a final order yet on our custody arrangements. Can she really get away with this? And what, if anything, can I do about this?
2007-07-15 18:04:31 · 12 answers · asked by prozac 1 in Family & Relationships ➔ Marriage & Divorce
You need to file a restraining order and have her served with it. You are lucky Oregon is a VERY father friendly state. Get to a lawyer ASAP.
If you cannot afford one find a father's rights group in your area and see what support they can give you.
Also if you have to go pro se (without a lawyer), then you can find some templates that can be modified and lots of info on my website (listed below), I know it is Utah specific, but almost all of the info is usable in all states.
In the restraining order you need to ask the judge to restrain her from moving out of the state until custody and visitation is settled. Then later you will need to argue that by her moving so far away is ot in your child's best interest because it would deprive him of his father.
Good Luck
2007-07-15 18:20:48 · answer #1 · answered by eric_the_red_101 4 · 0⤊ 0⤋
Have you filed for divorce yet? If you have filed for divorce, I believe the petition states you cannot move or take the children from the state. Read through your paperwork. If you have not filed yet, unfortunately, there is probably nothing you can do, since you don't have an order of custody, I'd still call the police though.
2007-07-15 18:08:44 · answer #2 · answered by crystal@simplythebestcandles.biz 2 · 0⤊ 0⤋
You need to get a laywer involved right away. I would say you probably can stop this but you have to act quickly. you will need to demonstrate that you are an active parent. Now if she can demonstrate some financial or professional reason for the move it will probably allowed.
If she cant support herself or afford childcare the court will most likely ask you to step up and pay for these arranements in order for your son to stay in the state.
You dont mention her reason for the move and a little past history as to how things got to this point.
2007-07-15 18:28:28 · answer #3 · answered by mpasnick 4 · 0⤊ 0⤋
She absolutely cannot do it. If you don't have a lawyer yet, you should get one. Otherwise, call the police. You can report an abduction. They will dontact her and force her to come back unless she can produce a signed custody agreement that indicates she can stay in Colorado.
2007-07-15 18:39:48 · answer #4 · answered by Ken 3 · 0⤊ 0⤋
If your final orders aren't done yet, you might have them add that neither one of you can take the child out of the county without a 45 day notice. That way, should she decide that she wants to move to another state, she has to notify you and you have time to take it back to court and argue that you shouldn't be seperated from your child.
She can still move the child, but you'll get a chance to plead your case to a judge this way
2007-07-15 18:14:11 · answer #5 · answered by Aron1968_30 5 · 1⤊ 0⤋
All depends on the divorce/custody papers and as you have said, they are not final. What are the prelim. papers? If you have an attorney, contact them...if not, I'd ask a paralegal or someone in family law to look over your papers thus far and advise you.
2007-07-15 18:12:05 · answer #6 · answered by ladyaleyth34 2 · 0⤊ 0⤋
Depends on what your decree says. Speak with your attny.
Usually a parent needs to give permission before the other parent can take the child out of state.
2007-07-15 18:26:50 · answer #7 · answered by iyamacog 7 · 0⤊ 0⤋
Speak to your attorney and he can advise you on the laws for your state on this matter. Most states won't allow the custodian parent to do this. She may have to move back to Oregon so you can excise your visitation rights. This is like she is taken them from you and she can't legally do that.
2007-07-15 18:20:46 · answer #8 · answered by Countrygirl 5 · 1⤊ 0⤋
Were you married? If not, yes she can! If you are in the middle of a divorce, as long as there is no final decree, i think she can but not sure. Ask a lawyer to be sure. But i believe if no final is filed, she can do it. Sorry i can't be more help.
2007-07-15 18:09:44 · answer #9 · answered by Anonymous · 0⤊ 0⤋
sweetie that's what we call 'Illegal'...sounds like shes trying to outrun the outcome. That's how court will see it, not very mature on her behalf.
2007-07-15 18:24:16 · answer #10 · answered by rocksy * 3 · 0⤊ 0⤋