Asked in Child Custody and Family Law for Oregon

Q: I live in MO now and daughter grew up in OR/WA. She is about to be 13. No custody order has ever been sign.

Her mother took off with her when she was 1 and I have only seen her twice since then. Two years ago my daughter was able to contact me. Since then she has been living with her great grandma. Her mother lost her other 2 kids recently. But to my knowledge no custody orders have ever been issued to either of us. And my daughter is extremely unhappy there and is really wanting to come live with me. How do I go about this? I would love my daughter back in my life! If nothing is ordered could I legally after all these years just go get her? It couldn't be that easy could it?

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1 Lawyer Answer

A: Your daughter may not know what the legal status is of her custody. I think you should hire an attorney in Oregon to look into the matter and see if there is a case history. Then have the attorney file a Petition to establish that you have custody of your daughter. Also be very careful. Age 13 is when the teenage rebellion years start. Your daughter's unhappiness could be because her grandmother, like any parent, is making your daughter follow house rules and your daughter's endeavor to come live with you is because she may think she can get away with more under your watch. You might want to come to Oregon and check out the situation first hand. Also the grandmother may have rights to ask for custody if she has been your daughter's primary care giver for an extended period of time.

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