Portland, OR asked in Family Law and Child Custody for Oregon

Q: Can I move with my kids while my ex is in jail?

I have sole legal and physical custody of my kids. Their dad just got 6 months in jail for intimate harrassment and DUI (his 3rd total, he got 2 five years ago). I want to move 5 hours away to be closer to my family where I have more support. Can I do this without his permission?

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1 Lawyer Answer
Joanne Reisman
Joanne Reisman
Answered
  • Divorce Lawyer
  • Portland, OR
  • Licensed in Oregon

A: Assuming there is already a court order or judgment giving you custody and laying out a parenting plan (visitation) you need to read that order or judgment and see if there is any language in that document that discusses whether you can move or not. Typically these Judgments will say you can't move more than 60 miles without first giving some type of written notice to the other parent and then they have a time period to file something with the court to prevent the move. But your Judgment may or may not have language that deals with your right to move. So get your paperwork and go and talk to an Attorney about what it says.

If it's your typical situation where you first have to give written notice of your intent to move, you will need to do that and see what the father does. If the father objects then you will have a hearing in the court. Given what you have said about the father's DUII history and needing to move where you have relatives to help you, the court might favor the move. But your brief summary here on Avvo is probably not the entire story so you really should consult with an Attorney and discuss all the facts of the situation.

You may get lucky and the father may not contest the proposed move. But also keep in mind that the court will modify the parenting plan to allow some type of long distance visitation and this could mean that the children spend long periods of time, like summer breaks with their father. So you may have to fight to restrict these visitations if the father is having substance abuse issues. Also the downside is that when the children come to visit you will be 5 hours away so you won't be nearby in case something happens. Hopefully the court will be amenable to putting some restrictions on the visitation to protect the children. You should definitely consult with an Attorney and discuss everything before you move forward with your plans.

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