Portland Child Relocation Attorney
Experienced Child Relocation Lawyers Serving Portland, Oregon
Any time parties have a child together, whether or not the parties were married, their lives are going to be intertwined post-separation. What happens when one of the parties needs to move to a location that makes travel for a “standard” parenting plan logistically unworkable? Generally speaking, the courts look to what is in the best interest of the child when deciding whether or not to allow a child to be moved.
In Oregon, relocation cases (sometimes referred to as “move away” cases) can be quite complicated. Our attorneys have substantial experience representing parties on both sides of the issue. Generally, the burden is much more difficult for a party attempting to move a child to a new location that results in more limited time with the other parent. The success or failure of these types of cases depends greatly on individual facts and the careful application of the law. This is not the type of case where a person should attempt to handle court proceedings without an experienced Portland child relocation attorney to assist.
For any “move away” case, facts are critical. Our attorneys will discuss your existing parenting plan, historical facts about your relationship, the location of the move, the reasons for the move, plans for the child during and after the move, how the move will impact the other parent’s contact with the children, along with many other questions. Whether you are attempting to keep your child’s parent from moving the child out of their current locale, or if you are the one attempting to move, we can assist. Call one of our relocation attorneys today to discuss your options.
What To Expect In An Oregon Child Relocation Consultation
We meet with all potential clients in person for the first consultation. This allows us to meet potential clients and hear the background of each case, to determine if your case is a good fit for our office, and to provide information about a client’s rights and responsibilities under Oregon law. We offer this initial consultation for a flat fee of $100.00.
When starting the process for finding a lawyer for an Oregon adoption, potential clients often ask “who is the best child “move away” lawyer in Oregon” or the “who is the best lawyer for child relocation in Portland?” The answer is the lawyer who gets the results you need. Like the rest of family law, there is no one-size-fits-all when it comes to selecting an attorney for your adoption. The best attorney for you is the one who listens to your circumstances, provides solid legal advice, and facilitates and achieves your goals. Contact one of our Portland child relocation attorneys today to set up a consultation.
Child Relocation in Oregon
There are many changes in a parent’s life after divorce. In some cases, a parent must relocate, either for financial reasons, employment, or other life circumstance. But a relocation has a significant impact on the other parent as well as the child. This means that neither parent has the unilateral right to relocate with the child unless the relocation falls within precise parameters.
The Basics of Child Relocation Rules After Divorce in Oregon
Oregon law states that a parent may move up to 60 miles from their current residence without the consent or approval of the other parent or the court. If a parent chooses to relocate further than that, they must give 60-day advance notice to both the other parent as well as the court. The other parent then has the right to ask the court to keep the child here, even if a parent moves away.
In addition, the parent who is considering a relocation must prove to the court that the child is “better served” by moving. Relocations often require a modification to custody and parenting time to meet the needs of both the child and the co-parent. Conversely, a parent who opposes the other parent’s relocation will need to prove that the move would be against the child’s best interests and not just inconvenience for them.
Why a Custodial Parent Chooses to Relocate
There are many reasons a custodial parent may need to move. These can include:
- A better job opportunity
- Better or more affordable housing
- A new relationship or remarriage
- Proximity to extended family
- Better schools, healthcare, or religious community
Although the relocating parent may have very reasonable and valid reasons for moving, the other parent has every cause for concern. The relocation may infringe on their parenting time or create an extra expense for travel. Regardless of whether the relocating parent has sole legal custody or joint legal custody, this can place a hardship on both parties as well as the child.
How the Court Makes a Decision
In most cases, the relocating parent wants to take the child with them. This will have a significant impact on the other co-parent as well as the child who is being relocated.
Regardless of the reasoning behind the relocation, the court takes a hard look at how it will impact both parents and how the move will impact the child. They will base their determination on
- How the relocation will impact the parenting time of the non-relocating parent
- How the child’s other relationships may be impacted by the move
- Whether the move is in the best interests of the child
- What unique opportunities are available to the child in either location
Courts today focus on the best interests of the child and consider the benefits that a child has when having close and meaningful relationships with both parents. Consequently, they are reluctant to put geographic barriers in the way of those relationships. This has made child relocation more difficult in the recent past. Your Portland child relocation attorney will be able to advise and guide you in light of that reluctance.
How Relocation Parameters in Oregon Will Affect You
Oregon law does not consider a move within 60 miles of a previous residence a “relocation”. However, the move should be discussed with the other parent since even a small move may affect parenting time and the child’s wellbeing, including travel time between parents or to/from school.
If your relocation exceeds the 60-mile limit, the court and another co-parent must be notified. If one parent violates this law, they may face legal consequences and may even lose custody of the child.
Relocation cases can be complex and often require custody and parenting time modifications. If you are planning relocation with your child or your co-parent is requesting to relocate with your child, you should consult with an attorney to discuss your legal rights. The experienced Portland family law attorneys at Jill Brittle Family Law Group will consider your situation and offer you your best legal options. Contact us to schedule a consultation.