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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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What are the laws for moving children to another state

Customer Question

What are the laws for moving children to another state?
Submitted: 7 years ago.
Category: Family Law
Expert:  Ellen replied 7 years ago.
Have any court orders or pleadings been filed?
Customer: replied 7 years ago.
No I am in MIchigan with my kids on a trip and he started acting funny saying going to come take kids away from me up here. Going home in a couple of weeks need to know what to do in case he tries anything.
Expert:  Ellen replied 7 years ago.

I am the JustAnswer expert that will be helping you today. I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information.

You may want to consider not returning to Oregon until you have a court order in place.

Here is why.

Absent a court order or proceeding concerning the child, the parent in possession of the child has custody can choose whether to allow the child to visit with the other parent.

This means that without a court order concerning the child, both the mother and the father have equal rights. The parent that the child is with has the right to relocate or travel with his child as he sees fit and to deny visitation to the other parent.

That said, I suggest that you encourage you to not allow the child to go with the father and to file a custody action while in possession of the child
Ellen and other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
Expert:  Ellen replied 7 years ago.
The custody action must be filed in the home state of the children. The home state is the state where the children have resided for the 6 months prior to filing. Therefore it appears that Oregon is the home state and you will need to file for custody in Oregon.

I suggest that you retain counsel in Oregon by telephone to file your custody action. If you and the children have already relocated to Michigan at the time the custody action is filed in Oregon, a court would typically be less inclined to require the children to relocate back to Oregon.
Customer: replied 7 years ago.
We are here on vacation. I was here a couple of weeks agao because my younger brother commited suicide. I needed to come back here and take care of his arrangements and his personal affects. My children didn't stay with their father. They stayed with my parents. He could nt handle taking care of them for any length of time, he never wanted children and would never really ask for custody unless it was to lash out of me. Was upset that I brought my kids back here because I needed to be around my brothers friends longer. To help me deal with my grief. He lacks the ability for compassion about these things. Just wanted to be around people who understood what I was feeling. I didn't want to be without my children missed them terriblly the first time. I would never put my childrenat risk, they are my life. I have in writing a letter from him supporting my choice to bring our children here with me. I also have return tickets, so was never my intent to notcome back. I just don't want him to try and take them when I get home. We still occupy a home together.
Expert:  Ellen replied 7 years ago.
If you intend to return to Oregon, their father has an equal right to remove them and relocate unless you have a custody order.