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Relocation & Child Custody Orders in Oregon

Posted on February 26, 2021 01:36pm
Relocation & Child Custody Orders in Oregon

If the custodial parent in the state of Oregon wants to move out of state, then they will need to file for modifications to any court-ordered custody agreements, as well as demonstrate that relocating will benefit the children and not just the parent. Convincing a judge that moving out of Oregon would be more beneficial than remaining in the state can be a challenge, especially if the co-parent disputes the move.

Do Courts Frown on Out of State Relocation?

In general, moving within a certain distance from the other parent’s home isn’t an issue. But if a custodial parent plans to move to a different state, it might infringe on the other parent’s custody or visitation time.

Oregon law generally recognizes that it is in a child’s best interest to maintain a close and continuous relationship with both of their parents. If a child and noncustodial parent have lived near each other and enjoyed regular parenting time together, then the court will take special considerations when a custodial parent wishes to move out of state.

As a result, custodial parents must devise a strong legal strategy that shows they plan on allowing their children to spend an appropriate amount of time with the other parent after they move out of state.

How Far Can a Custodial Parent Relocate without Notifying the Court?

Custodial parents in Oregon can generally relocate up to 60 miles from the other parent without giving the noncustodial parent notice. If the custodial parent wants to relocate more than 60 miles away from the noncustodial parent or out of state, then the custodial parent must notify the court and the other parent before moving.

No matter how far away the custodial parent relocates, they must still follow any court orders regarding parenting time, unless the order is modified. If you are the custodial parent who is thinking of moving, then you should discuss it with the noncustodial parent and try to reach an agreement about relocating and changing the noncustodial parent’s parenting time.

What Factors Do Oregon Courts Consider in Relocation Cases?

Courts in Oregon consider the following factors to decide relocation cases:

  • How far the children will have to travel to spend time with the other parent
  • Whether relocating will improve the educational opportunities for the children
  • Whether the move will provide adequate chances for the children to pursue their interests
  • Whether the children’s quality of life will improve enough to justify separation from the other parent
  • The children’s personal feelings and opinions about relocating

Speak to Our Experienced Relocation Attorneys Today

McKinley Irvin is here to use our extensive resources and knowledge of the law to clients throughout Oregon move on to better, more successful, and happier lives after their divorces. Our legal team knows the laws and court procedures involved in relocation cases, and we are prepared to put our skills to work to make sure your best interests are protected.

To request a case consultation with our law firm, please give us a call today or contact us online.

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