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

Q: Can I move out of the country to mexico with my 10 yr old daughter to assist my mother who is recovering from a stroke?

I live in Oregon and have a custody agreement with my 10yr olds Birth dad, the parenting plan grants me sole custody and has her spend time with her BD every other weekend Sat 10am-Sun 7pm, with all holidays, summer, and special days included in the plan to be shared. To give a quick back story about her BD, he just began creating a relationship with her, has been absent/in and out for the first 9 yrs of her life.

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

A: Impossible to answer without reading all the terms of the parenting plan. Most custody parenting plans includes a clause that requires notice to the other parent before moving 60 miles. Even if your plan doesn't have that requirement the father could still object. Ideally you talk to the father about this family emergency and get him to agree to a modified plan and you get the modification added to the court file. If you want legal advice first, which might be a good idea, you are going to need to discuss this with an Attorney and not post short snippets on line. This type of problem requires a one- on -one legal consultation where all the details can be discuss.

I also wonder if you are talking about a short trip which isn't the same as moving. Also if this is a long move, have you really thought about the immigration laws in Mexico which probably won't allow you to work? Also is it a good idea to take a 10 year old out of school and move her a long ways from her friends?

I think this is also a question of whether this is even a good idea not just whether you can do it or not. Maybe the better plan would be to leave your daughter with a caregiver her while you travel to Mexico and make arrangements either for the care of your mother down there or for your mother's return trip to the US.

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