Asked in Child Custody and Family Law for Oregon

Q: Oregon can unmarried mother take kids out of state with no custody order

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1 Lawyer Answer
Vincent J. Bernabei
Vincent J. Bernabei
  • Divorce Lawyer
  • Beaverton, OR
  • Licensed in Oregon

A: Oregon and most other states follow the Uniform Child Custody Jurisdiction Enforcement Act. This law generally requires that custody disputes be resolved in the home state of the child. The home state of the child means the state in which the child resided for at least the six months immediately preceding the filing of any custody lawsuit.

If there is no custody order for the children, then either parent can take the children out of state. Note however, that if the children have resided in OR for six consecutive months or longer at the time of their departure from OR, OR is considered the home state of the child and OR courts have exclusive jurisdiction to determine custody of the children. That means you may have to return the children to OR if an OR court orders that based upon the request of the other parent, and no other state can make a custody determination. There are some exceptions, so you should consult with an attorney before you move to find out your best options.

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