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

Q: My dad was awarded custody of my son at 3. At 6 he moved back w/ me & has been living w/ me for 2 years, do I have right

When I was 19 my dad was awarded custody of my.son when he was 3. I got my life together and when my son turned 6 he moved back in with me. He has lived with me for over 2 years now can my dad still take him away from me whenever he wants do I have rights

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

A: It sounds like you are in a good position to Petition the court to return your son to your custody. This would prevent your father from asserting his right to custody which he technically still has since the only court order at present gives him custody. But I want to caution you to speak to an Attorney first about the specific facts of your case including what was going on when your father initially got custody. The Attorney will want to look at the original court documents that granted your father custody to see if the court placed any particular restrictions on the situation.

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