Portland, OR asked in Child Custody for Oregon

Q: How long does my ex have to return a child to state once status quo has been approved and served?

My ex took my child and moved to texas, she hasnt really worked in almost 2 years and lives off of anyone she can. I have filed and been granted status quo and temporary emergency custody. I will be sending it off to her county to have her served, but once she is served how long does she have to return my daughter to me before i can take steps to have her county remove the child or press criminal charges? Can i legally give her a timeline due to being granted the status quo and emergency custody?

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

A: There is no rule as to how long she has. She either does or doesn't return the child. If she doesn't you may have to get a lawyer in Texas to help you get what is known as a writ of assistance from the court in Texas. Once you have a writ of assistance then the police in Texas can assist you. As for criminal charges, that is completely discretionary on the part of the district Attorney so don't count on her being criminally charges. There was no court order when she left Oregon with your child and she still hasn't had her day in court to contest what you did. The court is going to want to hear her side of the story.

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