Salem Child Relocation Attorney
Fate sometimes compels parents to move out of state. However, state law requires them to obtain permission from the court before moving out of state with their children. Whether you plan to move or your former spouse plans to move, you need an attorney who can effectively represent you. I am attorney Daniel J. Lounsbury, and for many years, clients in the Salem area have turned to me for assistance with parental relocation and move-aways.
Marion County Parental Relocation Lawyer
When a parent attempts to move without asking for a modification from the court, serious problems can arise. The best course of action when planning to move out of state with a child is to speak to a lawyer before taking any further steps.
The court’s decision to allow a parent to move out of state will hinge on a variety of factors, including:
- Employment. Moving out of state for a better job or transfer may be considered a valid reason for a move.
- Parental involvement. If the parent who will be left behind is very involved in the child’s life, the court will weigh this information in its decision to allow the other parent to move.
- Current parenting time schedule. The quantity of the noncustodial parent’s parenting time is a significant factor in the court’s decision.
- Extended family. Family ties are a part of a child’s well-being. A child who is surrounded by a loving family in Oregon may not be better off after moving.
As with child custody, the primary factor in the court’s decision is the best interests of the child. The burden of proof is on the parent who wishes to move. That means, if you plan to move out of state, you will need to demonstrate that the move will be beneficial to your child.
Answers To Common Questions About Moving With Your Child
Parents who want to move with a child, as well as parents who learn that the other parent plans to move, tend to share the same worries. I answer some of the questions I hear most often in the following section:
Do I need to notify the court if I am moving less than 60 miles away?
ORS 107.159 applies when a move would add more than 60 miles to the distance between you and the other parent. In that situation, the law expects you to notify that parent ahead of time and send the court a copy. A shorter move usually does not trigger this statute, but your parenting plan or judgment may set its own rules for any change of address. Before you sign a lease or accept a new job, I can review your judgment and explain what it requires of you.
Can I move out of state if I have sole legal custody?
Sole legal custody gives you the authority to make major decisions for your child, but it does not cancel the other parent’s court-ordered parenting time. When your move would keep the other parent from exercising that time, you still need to give the required notice. In many cases, you will also need to ask the court to modify the parenting time schedule before you leave.
What happens if I move with my child without the court’s permission?
The other parent can file a motion asking the court to hold you in contempt or to order your child’s return to Oregon. A judge may also treat the move as a reason to shift custody or parenting time to the other parent, and even a move with good intentions can weaken your position in a later child custody dispute. A conversation with a lawyer before you relocate gives you the chance to request the change the right way.
How much notice must I give the other parent before moving?
Oregon law does not name an exact number of days and asks only for notice that is reasonable under the circumstances. Check your parenting plan as well, because a deadline written into it, such as 30 or 60 days, binds you. Giving notice as early as possible also leaves time to negotiate a new schedule or file a motion before your move date.
Contact Daniel J. Lounsbury Attorney at Law
As a Salem child relocation lawyer, I am prepared to help you do what is in your best interests and what is best for you. Contact my office in Salem at 503-967-3119 or 800-615-7072.