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Roger
Roger, Attorney
Category: Legal
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Experience:  Litigation Attorney
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In 2006 I hired a lawyer to help me execute my visitation rights

Customer Question

In 2006 I hired a lawyer to help me execute my visitation rights with my children, when I arrived in Oregon to visit my children's mother decided to go out of town. Since then my children have been moved to several states. My kids got ahold of me through face book and told me they moved from California to Las Vegas. My visitation was granted in the state of Oregon. Brenda their mother has not allowed me to be contact at all in the last 8 years. Any advise?
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.

If you have a court order granting you visitation, then you have a right to enforce that order. Also, if the mother has violated the terms of that order, you have a right to charge her with contempt of court.

But, because the mother and children aren't in Oregon any longer, you're going to have to go to the state and county of their residence in order to enforce the order. However, under the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA), you have a right to take that Oregon order and enforce it in another jurisdiction.

There are some legal hoops to jump through as far as getting the order certified and transferred from Oregon to the new state, etc., but it is possible to do under this act.

The best course of action to take is to consult an attorney where they are now and try to get a petition filed for contempt and also to enforce the visitation order. If you can get this filed and her served asap, you should be able to get some results.

Customer: replied 1 year ago.
Thank you for your response. Their mother has found out that we have been in contact and normally when I find out where they live she flees to another state.
Expert:  Roger replied 1 year ago.

That's what I was afraid of as I was typing the response, and is the reason I said this probably needs to happen ASAP.

If you can get the petition filed and get her served, you can pin her down. You may also want to consider asking for a temporary restraining order that prohibits her from leaving the state with the children until the case is over.

Roger, Attorney
Category: Legal
Satisfied Customers: 26346
Experience: Litigation Attorney
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Customer: replied 1 year ago.
Thank you for your time
Expert:  Roger replied 1 year ago.

No problem. Glad to help.

I hope you can slow her down enough to get the matter under control.

Customer: replied 1 year ago.
My last conversation with my daughter was that she got in trouble for talking to me. Is there a possibility of me calling child services and reporting abuse. I have my daughters phone number but I'm afraid of their mother actions agains my children because we spoke.
Expert:  Roger replied 1 year ago.
I don't know if this would be considered child abuse or not - - it depends on what kind of trouble she actually got in. If it was physical abuse, then that may certainly be the case!

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