Custody carries with it rights and responsibilities related to decision-making in a child's life. That being said, a custodial parent in Oregon does not have a unilateral right to move with their child away from the noncustodial parent. Instead, it is the policy in Oregon to promote extensive contact between parents and their children, to “[a]ssure minor children of frequent and continuing contact with parents who have shown the ability to act in the best interests of the child[ren],” ORS 107.101(1), and to “[e]ncourage such parents to share in the rights and responsibilities of raising their children after the parents have separated or dissolved their marriage.” ORS 107.101(2). This means that under most circumstances neither parent--regardless of custody--may move with their children more than 60 miles further away from the other parent without the agreement of the other parent or an order from the court.
Relocation cases are some of the most difficult cases for attorneys to try and judges to decide in light of the high stakes involved for the parents and children. The decision whether to permit the relocation of children hinges solely on the best interests of the children, which is determined by asking whether the children are "better served" by relocating. For any relocation case, the facts are critical. What is the current parenting time arrangement? Are the parents exercising their parenting time? What is the basis for the proposed move? Where does the children's extended family live? How are the children doing in Oregon?
If you are looking to move with your children out of Oregon or, on the other hand, looking to stop a move of your children, it is important you move quickly to consult with an attorney and seek remedy of the court.
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