Relocating With Sole Custody

Summary

If you have sole custody in Oregon and wish to relocate, you generally need to provide notice to the other parent and may require court approval, particularly if the move impacts visitation rights. The other parents indictment on felony charges related to abuse strengthens your case for relocation. To proceed, gather relevant documents, file a motion with the Deschutes County Circuit Court, and serve notice to the other parent. You can obtain motion forms from the courts website or clerks office, complete them with necessary details, and submit them along with supporting documents. Ensure you follow legal procedures for serving notice, which may involve a process server or certified mail.

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how to relocate with my children when the other parent has lost custody due to child abuse
If the other parent has lost custody due to child abuse, here are some steps you might consider:
- Court Approval: Even if the other parent has no custody, you may need court approval to relocate.
- Modification of Custody Order: File a motion to modify the custody order to reflect the relocation.
- Notice to Other Parent: You might need to provide notice to the other parent, depending on the court's requirements.
Have you already obtained a court order regarding the custody loss due to child abuse?
in Oregon do I need to provide notice ?
In Oregon, if you need to relocate with your children and the other parent has lost custody due to child abuse, you generally still need to provide notice. Here are the key points:
- Notice Requirement: You usually need to give the other parent at least 30 days' notice before moving.
- Court Approval: You may need to seek court approval for the relocation, especially if it significantly impacts the other parent's visitation rights.
Have you already filed for a modification of the custody order to reflect the relocation?
I have sole custody of the children
In Oregon, even if you have sole custody, you generally still need to provide notice to the other parent and possibly seek court approval, especially if the move significantly impacts the other parent's visitation rights.
Have you consulted with a family law attorney about this relocation?
the other parent is being indicted on felony charges regarding the abuse
Given that the other parent is being indicted on felony charges related to abuse, it strengthens your case for relocation. Here are some key steps you should consider:
- Court Approval: You might still need court approval for the relocation.
- Notice: Even with sole custody, Oregon law typically requires you to provide notice to the other parent.
- Modification of Custody Order: File a motion to modify the custody order to reflect the relocation.
Have you already notified the court about the other parent's indictment?
how to get court approval
To get court approval for relocating with your children in Oregon, follow these steps:
*. File a Motion: Submit a motion to the court requesting permission to relocate.
*. Provide Notice: Notify the other parent about your intention to move, even if they have lost custody.
*. Evidence: Present evidence supporting why the move is in the best interest of the children, including the other parent's indictment.
Have you already prepared the necessary documents to file the motion?
can I have the DA write a letter about the pending grand jury indictment in * weeks ?
It's possible to ask the District Attorney (DA) for a letter regarding the pending grand jury indictment. This could strengthen your case for relocation. Have you reached out to the DA's office to discuss this?
yes I have.
That's great to hear! Here are some next steps:
- Gather Documentation: Collect all relevant documents, including the DA's letter, court orders, and any other supporting evidence.
- File the Motion: Submit your motion to the court with the gathered documents.
- Follow Up: Keep in touch with the court and DA's office for any updates.
Do you need more details on how to file the motion?
yes how do I. file the motion in Deschutes county Oregon
To file a motion in Deschutes County, Oregon, you can follow these steps:
*. Prepare Documents: Ensure all necessary documents, including the DA's letter, are ready.
*. Complete Forms: Obtain and fill out the required motion forms from the Deschutes County Circuit Court.
*. File Motion: Submit the completed forms and documents to the court clerk.
*. Serve Notice: Serve notice of the motion to the other parent as required by law.
Would you like more details on obtaining and filling out the motion forms?
the mother hasn't contacted the children in 6 months
If the other parent hasn't contacted the children in 6 months, it might further support your case for relocation. Here's what you can consider:
- Document Inactivity: Record the lack of contact as evidence.
- Motion to Relocate: File the necessary motion with supporting documents.
- Serve Notice: Ensure you serve notice according to the law.
Would you like more details on how to obtain and fill out the motion forms in Deschutes County?
the children were also pulled from her care by child welfare services
It sounds like you have a strong case for relocation, given the circumstances. Here are some steps to proceed:
- Gather Documentation: Collect all relevant documents, including evidence of the other parent's lack of contact and the child welfare services' involvement.
- File Motion: Submit a motion for relocation to the Deschutes County Circuit Court.
- Serve Notice: Notify the other parent as required by law.
Would you like more specific details on how to obtain and fill out the motion forms in Deschutes County?
yes
To obtain and fill out the motion forms for relocation in Deschutes County, Oregon, follow these steps:
*. Obtain Forms: Visit the Deschutes County Circuit Court website or go to the court clerk's office to get the required motion forms.
*. Complete Forms: Fill out the forms with details about your relocation and attach supporting documents.
*. File Forms: Submit the completed forms and attachments to the court clerk.
*. Serve Notice: Serve notice to the other parent as required by law, which may involve a process server or certified mail.
Would you like more details on serving notice?