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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 86657
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I want to transfer my parenting plan from Washington State

Resolved Question:

I want to transfer my parenting plan from Washington State to Oregon (the child now lives in Oregon) as well as modify the parenting plan. Can I do it both at the same time? Also, What do I need to file to do this by myself?
Submitted: 9 months ago.
Category: Family Law
Expert:  Ely replied 9 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation.

Can you please tell me if the other parent still live in Oregon, and, if the child visits Oregon regularly and/or for the visitation with the other parent?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 9 months ago.


The child lives with his mother in Oregon. I live in Washington state. The original parenting plan from 7 years ago was done in Washington because that is where we all lived. I just need to know what forms or what is it called to 1. transfer the case from Washington to Oregon and 2. modify the parenting plan because it needs to be modified based on the distance.

Expert:  Ely replied 9 months ago.
Thank you.

TRANSFER OF JURISDICTION
Where the matter is to be heard is dependent on the Uniform Child Custody Jurisdiction And Enforcement Act. This has been adopted by both Ohio (ORC 3127.01 et seq) and Washington (Wash. Rev. Code. § 26.27.011 et seq.).

Under this rule, the court that originally had jurisdiction KEEPS it unless all parties move out of the state. See here. If he visits WA still or if you live in WA, then WA Court has jurisdiction, arguably. However, if no party objects, it may be moved to Ohio if you wish.

To domesticate the matter in Ohio, a Complaint to Register Foreign Judgment is to be filed.

MODIFICATION
This would be done by filing a Complaint for Modification of Custody.

FILING THIS TOGETHER
A Complaint to Register Foreign Judgment and a Complaint for Modification of Custody are filed back to back together in such a case. The court should then quickly register the judgment in Ohio, and then open a modification for it.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 9 months ago.


They are in Oregon not Ohio. Is this still the same information?

Expert:  Ely replied 9 months ago.
EC,

Oops, I am sorry! I meant to state OREGON when I wrote Ohio. Yes, the very same information applies. The UCCJEA law is in all 50 states, virtually, including Oregon under Or. Rev. Stat. Ann. § 109.701 et seq., ergo, the answer stands as is.

Apologies for the slight miscommunication, again!

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 9 months ago.


No problem. So do file these together in Washington or in Oregon courts. I need to know if I use Washington forms or ORegon forms.

Expert:  Ely replied 9 months ago.
Friend,

Well, technically, Washington still has jurisdiction. One may file in WA (no need for the domestication of a foreign judgment, then, of course).

But if one wishes, one can file on Oregon with a domestication (doubtful the other parent would object as this would be in their favor and the Judge would not if neither party does).

The forms used depends on which state it is filed in. WA - WA forms. OR - OR forms.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 9 months ago.

Thank you, XXXXX XXXXX I still do not quite understand what forms and where. I have registered our parenting plan in Oregon (incase of enforcement) using the Out of state registration packet. My understanding is that I need to send some kind of forms to Washington asking them to transfer the case to Oregon and then ask for a modification after it is transferred. I just am still not clear as to how to do them together when it is two separate states.

Expert:  Ely replied 9 months ago.
EC,

No worries. Let us resolve this matter.

With consideration of the above, tell me WHAT STATE you wish to file the modification in?
Customer: replied 9 months ago.


Thank you for your help. Oregon.

Expert:  Ely replied 9 months ago.
No problem.

If you have already registered the case in Oregon, there is no need to do anything else to register... it is already registered.

At this time, one simply files a PETITION FOR MODIFICATION CUSTODY AND PARENTING TIME in Oregon Court.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 9 months ago.


I used packet 5C--Out of State child custody and parenting time judgements. My understanding was that this is not the same as asking for a transfer of jurisdiction, rather if I needed to enforce the parenting plan I needed to do this first. Is that not the case?

Expert:  Ely replied 9 months ago.
5C is "Registration of Out-of-State Child Custody
and Parenting Time Judgments."

You've already registered it.

You do not need to register it again.

5A & 5B is enforcement. This is not what you are doing.

To modify an existing, registered plan as you have here now, one has to file for modification. See here for the forms packets for this.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 86657
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 2 other Family Law Specialists are ready to help you
Customer: replied 9 months ago.

Thank you!

Expert:  Ely replied 9 months ago.
My pleasure.

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