Relocation With Emergency Custody

Summary

Relocating with emergency custody in Oregon requires court approval, especially with ongoing child abuse allegations. Document the mothers lack of contact and highlight family support in the new state. Focus on the childs best interests, including education and safety benefits. File a motion for relocation and consult your attorney to ensure all necessary documentation is included.

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in which the DA is pressing charges can I move out of state with my kids
Given your situation, moving out of state with your kids while having emergency custody can be complex, especially if the District Attorney is pressing charges against your ex.
Here are some key points to consider:
- You may need court approval before relocating, especially if there's an ongoing case.
- Oregon law generally requires notifying the other parent and possibly getting their consent.
- Legal standards focus on the best interest of the child.
Have you discussed your relocation plans with your attorney or the court yet?
I have reached out to my attorney and I'm awaiting a response
It's great that you've reached out to your attorney. Here are some points to consider while you wait:
- Court approval may still be necessary.
- Notification to the other parent is usually required.
- Focus on the best interests of the child.
Have you checked if there are any immediate deadlines or court dates related to your case?
no I have not the DA is going to grand jury in November
Given the complex nature of your situation, especially with the DA pressing charges and the grand jury convening in November, it’s crucial to be prepared.
- Court approval is likely needed for relocation.
- Keep your attorney updated on any new developments.
- Gather all documents showing that moving is in the best interest of the child.
Have you considered any temporary arrangements or contingencies if relocation is delayed?
would this be difficult to get court approval to move out of state with the ongoing case
Moving out of state with an ongoing custody and criminal case can be challenging. Courts prioritize the child's best interests and may have concerns about disrupting ongoing legal proceedings. Ensuring you have strong evidence supporting the move's necessity and benefits for your child will be crucial.
Have you gathered evidence showing how the relocation would benefit your child?
the mother has no even reached out to talk to the kids in 6 months
Your situation is quite complex, given the ongoing legal cases and the mother's lack of contact. Here are some points to consider:
- Courts will look at the mother's lack of contact and its impact on the child's best interests.
- Documenting this lack of contact can strengthen your case for relocation.
Have you documented the mother's lack of contact with the children?
there has not been any phone calls or video calls to talk with the kids.
Since the mother has not contacted the children in six months, this could indeed impact the court's decision regarding relocation.
Here are some steps you can take:
- Document every instance of no contact.
- Prepare evidence on how the move benefits the children.
Have you already started gathering this documentation?
I have family support in the state im planning to move to and no support system here
Given the lack of support in Oregon and the family support in the new state, this could strengthen your case for relocation. Here's what you need to focus on:
- Document the mother's lack of contact thoroughly.
- Prepare evidence showing how moving will benefit your children.
- Highlight the support system available in the new state.
Have you gathered any letters or statements from your family in the new state that show their willingness to support you and your children?
yes I have gathered statements of willingness to support
It sounds like you have a strong case for relocation, given the mother's lack of contact and your support system in the new state. Here's what you should focus on:
- Court approval is essential.
- Thoroughly document the mother's lack of contact.
- Gather evidence showing benefits for the children.
- Highlight the support system in the new state.
Have you checked if there are any specific forms or petitions you need to file for relocation in Oregon?
I have not. im not sure how to look for them
In Oregon, relocating with a child during an ongoing custody case does require court approval. Here's what you can do:
- File a Motion for Relocation: This will inform the court of your intent to move and provide your reasons.
- Check Local Court Rules: Different counties may have specific forms or requirements.
Have you looked into Oregon's family law resources or contacted the local courthouse for guidance on filing a motion for relocation?
my lawyer handles these things for me
Since your lawyer is handling the situation, it's good to stay in close contact with them. However, it's essential to stay informed. Here are some key points:
- Court Approval: Necessary for relocation.
- Documentation: Continue documenting the mother's lack of contact.
- Support System: Highlight the benefits of the move for your children.
Is there anything else you need assistance with while you await your lawyer's response?
child protective services removed the children from the home for founded child abuse alligations
The situation you're dealing with is indeed complex and serious. Given the involvement of Child Protective Services (CPS) and the founded child abuse allegations, here are some key points to consider:
- Court Approval: Necessary to move out of state with children, especially during an ongoing case.
- CPS Involvement: Their recommendations and findings will significantly impact the court's decision.
- Best Interests of the Child: Focus on how the move will benefit your children.
Have you received any specific guidance or conditions from CPS regarding relocation?
will contacting the DA prosecuting the case against her help my case ?
Contacting the District Attorney (DA) directly might not be the best approach. The DA's role is to prosecute criminal cases, not to handle custody or relocation issues. Instead, keep your attorney updated on all developments and follow their guidance.
Is there any specific reason you believe the DA could assist with your relocation?
what will help strengthen my case
To strengthen your case for relocation, consider the following:
- Court Approval: Ensure you file a motion for relocation.
- Documentation: Thoroughly document the mother's lack of contact and any CPS findings.
- Support System: Highlight the family support available in the new state.
- Best Interests of the Child: Gather evidence showing how the move benefits your children.
Have you already gathered evidence showing how the move will benefit your children’s education, safety, and overall well-being?
how do I make sure I can get the relocation order
To improve your chances of getting a relocation order, focus on these steps:
- File a Motion for Relocation: Inform the court of your intent to move.
- Document Mother’s Lack of Contact: Thoroughly.
- Highlight Support System: Show family support in the new state.
- Best Interests of the Child: Provide evidence on benefits for education, safety, and overall well-being.
Have you discussed these points with your attorney to ensure they include all necessary documentation in your motion?
I have tememory sole custody for the children
Given that you have temporary sole custody and the mother has had no contact for six months, your situation looks strong. Here's what you should do next:
- File a Motion for Relocation: Inform the court of your intent to move.
- Document Everything: Mother’s lack of contact, family support in the new state, and benefits for your children.
- Consult Your Attorney: Ensure all necessary documentation is included in your motion.
Have you already started the process of filing a motion for relocation with your attorney?
I notified my attorney of my intent to move
Given that you have temporary sole custody, no contact from the mother, and strong family support in the new state, your situation looks promising. Here’s your action plan:
- File a Motion for Relocation: This is essential to inform the court of your intent to move.
- Document Everything: Include the mother’s lack of contact, family support in the new state, and benefits for your children.
- Consult Your Attorney: Ensure all necessary documentation is included in your motion.
Have you started gathering evidence that shows how the move will specifically benefit your children's education, safety, and overall well-being?
thank you
You're welcome! It sounds like you're on the right track. Make sure to:
- File a Motion for Relocation.
- Document everything (lack of contact, family support, benefits of the move).
- Work closely with your attorney.
Good luck with your case! If you have any more questions, feel free to ask.