It is already difficult enough to organize a custody schedule when living close to a former spouse. But what if your former spouse is choosing to move to another state? There is little to discuss when looking at a custody schedule. In truth, only one parent will be able to live with their child full time. How can you ensure that you get custody of your own children?
Whether you are the parent that is moving away or not, keep in mind that Oregon has laws that require parents to provide notice to the other parent if they are moving more than 60 miles further away from the other parent. Often, moves of this distance require the parents to reevaluate their current parenting schedule, so the law requires they give ample notice so the other parent can file for a modification if necessary.
If moving states is necessary, the Uniform Child Custody Jurisdiction and Enforcement Act will determine which state will have jurisdiction over the custody case of your child. In many instances, this will be determined by what the law considers the child’s “home state.” That’s usually the state where they lived for the last six months prior to the legal proceedings. If there are special circumstances concerning this distinction, the court will take that into account.
The two key factors that courts consider when determining the custody of the child is the connections that the child has to where they live and their relationship with their parents. The courts are trying to create a scenario in which the child will benefit most despite the change. So if moving means that they will have to separate from close family members, teachers, or any other figures that are important in their lives; the courts will most likely rule on them staying. Of course, the second factor will consider their home lives with each parent. Is one parent neglectful or abusive? With an experienced Portland interstate custody disputes attorney, you will be able to present a convincing case that shows that your child will ultimately benefit by being in your custody.

Jensen & Leiberan Attorneys at Law

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Portland, OR 97223
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