Portland, OR asked in Family Law for Oregon

Q: what can I do if my ex boyfriend toke my kids out of the state

Me and my ex boyfriend never got married and have two kids together on April 3,2017 he took them for the week they were supposed to be back on April 9,2017 he never showed up I called him and no answered so I tried getting a contact of him and when he finally answered he told me that he was not giving them back they moved somewhere in California he is not letting me talk to my kids. I want to know if I can go and get my kids back. We never filed for custody because we had agreed that I was going to have them for the week and he had them on the weekend unless I would decide other wise. So I want to know what can I do to get my kids back

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1 Lawyer Answer
Joanne Reisman
Joanne Reisman
Answered
  • Portland, OR
  • Licensed in Oregon

A: The time clock is ticking down. Once the children have been with your boyfriend for six months he will try to file in California for custody. Since this only recently happened you can still file in Oregon for custody and immediately seek a status quo order to order that the children be returned to their usual place of living which I am going to assume has been with you up until this recent visitation. Courts absolutely hate when parents play these types of games with children.

About the only thing that will change what I am telling you is if you have circumstances in your life that will favor the father having custody of the children such as drug or alcohol abuse issues, criminal issues, or you are allowing someone into your home that has these issues and is posing a danger to the children. Also having issues of domestic violence in the home can bode toward moving the children to live with the other parent. But absent some type of concern about your ability to parent the children, you should get the children returned if you act quickly.

You really should consult with an attorney immediately and get assistance with these legal steps and sound legal advice. There are forms at the court house you can use to apply for custody, but these forms don't really make it easy to request the immediate return of your children through a status quo hearing and that is really what you need to address first. Also don't be surprised if your ex shows up with an attorney. It may very well be that what he is doing was planned with an attorney he consulted and he may be ready to do battle with you. Don't under estimate him. Find a way to hire an attorney to help you now so you are prepared.

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