Asked in Family Law for Oregon

Q: The other parent was denied any parenting time. We want to leave the state.

The other parent was denied any modifications to the custody order. He has zero parenting time. The order states that I can leave the state without notifying. I am leaving the state, can he have me served again in six months if he does not know where I am? Will this cause me trouble? There was severe domestic violence involved. He has not seen any of the children in almost four years. The judge told him "don't come back in six months, don't even come back in a year" but I don't think that was part of the official ruling, merely a suggestion. Please help.

Related Topics:
1 Lawyer Answer

A: Usually people with issues can still get professionally supervised visitation. It is very unusual for a judge to stop all visitation and the Judge may be wrong but that won't be changed unless the order gets appealed or reviewed. You really need to consult with a local attorney and discuss all the facts. Also be aware that the court that hear this matter continues to have jurisdiction even if you move, so that fact that your ex won't know where you are won't prevent him from filing a new action. Also Oregon Law gives biological parents the rights to access medical and school records unless a court ordered otherwise. Most custody orders restrict that custodial parent from moving more than 60 miles without notifying the other parent so it is also unusual that your order doesn't contain that language.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.