Q: Unmarried father, on birth certificate, want to move my sons back to Cali where both sets of gparents are. No court ordr
Mother is physically and emotionally abusive to myself infront of the children. They primarily live with me, no court orders in place. Both sets of our families want me to take the boys and move them back to Cali where we are both from. Been in Oregon for almost 2 years now. We are all originally from California. No court order in place. I was reading there is possible exceptions to have California handle the custody case if I got the boys there
A: California and Oregon follow the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). Under the UCCJEA, the state where the children have resided for the past six consecutive months is the state where any custody issues should be determined. If you move the children to CA, and within six months of the move the mother files a custody proceeding in OR, you likely will have to return to OR to argue about custody and parenting time. You should therefore consider establishing your custody rights in an OR court before you move. If the mother of the children does not file for custody in OR within six months after you have moved to CA, then after six months, the CA court will have jurisdiction under the UCCJEA to determine custody of the children.
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A: You really need to go and make an appointment with a lawyer and discuss this. Let's say you move to California tomorrow. Oregon will still have jurisdiction over the children for several months, possibly a year, and mother could file in Oregon and ask the courts to order that she gets custody. Eventually California will be the new home state and you can file there, but Oregon will still be the home state for sometime after you move. The law that controls jurisdiction is the UCCJEA, https://en.wikipedia.org/wiki/Uniform_Child_Custody_Jurisdiction_and_Enforcement_Act. Both California and Oregon have adopted this law. Read it.
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