Portland, OR asked in Family Law for Oregon

Q: Do I have the legal right to take my 2 children (one not his biological and youngest is) and leave him to get a divorce?

He says that if I file for divorce he will file for full custody of both of my kids. He treats my daughter terribly and doesn't love her and treats our son perfect. What can I do?

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1 Lawyer Answer
Vincent J. Bernabei
Vincent J. Bernabei
Answered
  • Beaverton, OR
  • Licensed in Oregon

A: You have the right to take both children and leave him to get a divorce. He also has the equal right to take his bio child and file for divorce. To obtain legal custody of his non bio child, he will have to overcome a presumption that you are acting in the child's best interests. That will be very hard for him to prove.

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