If you share custody of your child with a former partner, moving is not a simple matter. There are many factors the court will consider in the relocation of a child. Decisions are made based on the best interest of the child and courts recognize the importance of a close and continuous relationship with both parents.
In Oregon, the custodial parent may usually relocate up to 60 miles from the other parent without notifying the noncustodial parent prior to the move. If the custodial parent plans to move 60 miles away from the noncustodial parent or outside of Oregon, the custodial parent must notify both the other parent and the court prior to relocating. Regardless of the distance, a custodial parent must continue to comply with any court order regarding parenting time unless and until that order is modified (changed). If the non-custodial parent objects they can file a petition to stop it.
Washington State laws differ from Oregon’s. If there is no existing court order for custody and visitation the custodial parent is free to move away. However, the non-custodial parent can object, especially if the move will interfere with the ability to visit. When a current order is in place factors taken into consideration include distance, quality of life, school district and activities nearby. Whether there is an order in place or not, It’s a good idea to start the process by talking to an attorney and provide the other parent with relocation plans.
We will help you understand all the necessary steps involved in relocation requests. If you are the parent requesting to move away we’ll walk you through the factors the judge will consider and see that your relocation or move away request is handled properly.
Related family law legal services include:
- Modifications
- Father’s Rights
- Child Custody
- Child Support