Q: In oregon if there is no custody order or agreement in place can the father move out of state with child?
Without the mothers consent or permission?
A: If there is nothing in place through the court, either parent can take the child and move to wherever they would like. If you file a petition for custody along with a temporary order of restraint, more commonly known as a status quo order, you can prevent either party from moving out of state with the child. If the other parent violates this order after it has been signed by the judge, it is a crime called "custodial interference."
A: Yes and no. Technically he can move without violating a court order but Oregon will still be considered the home state of the children so the mother could just go down to the court house and file for custody. Then the mother would ask for a hearing to set temporary custody and try to prove that she was the primary parent before the move. Courts really don't like parents taking children away from the other parent so the odds are good that the court will order the children returned to the mother if there is evidence that she was the primary parent before the move or the court may make a status quo order which restores the pattern of custody and parenting time that was taking place before the move.. The status quo order will continue until the case can come before the court for trial.
A: My answer above assumes that the father's paternity has been established. If he hasn't been established is the legal father of the child he may have other problems.
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