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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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Urgent! I have sole, physical and legal custody of my minor children, divorce has been fi

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Urgent!
I have sole, physical and legal custody of my minor children, divorce has been finalized. Ex has visitation. He has been abusing children and I have been abused by him in our marriage. One day I picked up my children from Ex visitation and my 5 yr old daughter was crying and was terrified and telling me that her daddy pulled a knife to her throat, and told her he was going to cut her head, her sisters, her brothers, and mothers, and if she tells the policeman, he’ll cut off his head too, she loved me and she did not want to die and all of die. I got stunned, I have lived through with him with all these threats and abuse and now he is getting to my daughters. I feared for the life of my children and safety and for myself. I took what I could and fled to another state. I have lived here for 11 months. Ex filed for full custody in the state of Oregon where the divorce has been finalized because I left the state without telling him or the court. I did a little research and ha
Thank you for your question. Please permit me to assist you with your concerns.

I am sorry that you are in this situation--it appears your post was cut-off. Could you finish your question please?
Customer: replied 3 years ago.

. I feared for the life of my children and safety and for myself. I took what I could and fled to another state. I have lived here for 11 months. Ex filed for full custody in the state of Oregon where the divorce has been finalized because I left the state without telling him or the court. I did a little research and have found that after six months state of Oregon has no longer jurisdiction over minor children over another state. Ex filed full custody after 10 months, I got a letter form state of Oregon to appear and strand trial. Should I go or should I not? Since state of Oregon has no jurisdiction after 6 months.


Please give me legal advice.


Anonymous

Thank you for your follow-up.

I can provide you with an answer but I must be clear and state that what I provide is not 'legal advice'--as per site rules what I provide is 'legal information' as I am not your attorney. While I can explain how this situation would work out, if you are seeking actual legal advice, you would need to retain local counsel to assist you. Would that suffice?
Customer: replied 3 years ago.

please tell me whatever you can.

Not a problem, and glad to do it. I just wanted to make sure that you were aware of my own limitations as well as site rules.

 

It is true that if you remained in a new state long enough, you could claim residency in the new location That, however, is not an automatic process--you would need to file locally, meaning in the new state, and file to transfer your case under their jurisdiction. Similarly, you would need to file a motion for change of venue in the old state to transfer it up to where you now reside. But simply not appearing is unwise--you would need to challenge jurisdiction because it is still currently by default wherever ONE of the parents resides (and if he never moved, he could still use that state to seek rights). If you want to transfer the case to you, you can do so, but it would require you to formally file a petition for change of custody up to your new state.

 

Hope that helps clarify.

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