Spokane, WA asked in Child Custody and Family Law for Washington

Q: i live in washington and my ex husband has custody of our children and they live in oregon...how do i appeal the custody

would i have to go through oregon to appeal the custody order or can i do it through washington?

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1 Lawyer Answer
Vincent J. Bernabei
Vincent J. Bernabei
  • Divorce Lawyer
  • Beaverton, OR
  • Licensed in Washington

A: Once a court makes a custody determination, that court has exclusive, continuing jurisdiction to make all future custody decisions regarding the same children. The only exception is if the children and both parents no longer reside in that state. You will therefore have to file your modification action in Oregon. If you want to appeal the Oregon court's judgment, you must file and serve a notice of appeal within 30 days of entry of the Oregon judgment.

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