Boise, ID asked in Divorce and Child Custody for Oregon

Q: I have to grt me and kids out and way from there dad (my husband). What the fast way to get out and get cuosdy of them?

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2 Lawyer Answers
Vincent J. Bernabei
Vincent J. Bernabei
Answered
  • Divorce Lawyer
  • Beaverton, OR
  • Licensed in Oregon

A: The fastest ways to obtain a court order for custody of the children and get away from your spouse is to file for divorce or legal separation and seek emergency temporary custody based upon an imminent threat of harm to the children or seek a Family Abuse Restraining Order by showing you were a victim of abuse within the past 180 days, there is an imminent danger of further abuse, and he represents a credible threat to the physical safety of you or the children. Please note that the fastest way to obtain custody may not always be the best way, and you should therefore consult with an attorney who can give advice based upon the specifics of your case.

Joanne Reisman agrees with this answer

Joanne Reisman
Joanne Reisman
Answered
  • Divorce Lawyer
  • Portland, OR
  • Licensed in Oregon

A: If you have a legitimate claim of domestic violence, you could file a FAPA order which will give you temporary custody and remove your husband from where you are living. But you have to have a situation that qualifies for this type of order so you need to read the rules. Otherwise, if there is no order stating that your husband has custody, you are free to move out with the children and live anywhere you want to go live. Just be aware that this won't be the same as having custody legally awarded to you so you will still need to file for a divorce and request the court to award you custody and I would highly reccomend that you consult with an attorney before you do that.

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