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. 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.
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.