When a move threatens one parent’s time with their child, the courts must ensure that relocating is something that will be in the child's best interest.
Physical custody covers the living arrangements for the child or children. It does not involve decision making.
Child Custody Basics
Physical Custody
Physical custody is often shared jointly with the child splitting their time between the homes of both parents. This becomes difficult with distance.
What if one parent wants to move?
Preserving Contact Rights
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Oregon laws establish procedural rules and notice requirements in order to preserve the contact rights of the parent who is not relocating.
Allowable moves
Oregon law allows for a move of up to 60 miles away from a current residence with no need to notify or get authorization from the courts.
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One parent may move up to:
60
MILES
Preserving Contact Rights
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Any move farther than 60 miles requires notification of both the courts and the noncustodial parent.
The Court Will Consider
The positive outcomes of a move
The negative outcomes of a move
The best interests of the child or children
The level of involvement of the noncustodial parent
The relationship with the noncustodial parent
Allowable moves
The courts still take careful and unbiased consideration of all relevant factors, and will err on the side of caution regarding moves.
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The court will not base a decision on:
The parent's wishes
In order for one parent to move with a child, the custody arrangement must be legally changed.
Relocation Procedures
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The parent considering a move must give reasonable notice to both the noncustodial parent and the courts of their intentions.
Reasonable Notice
Custody Agreement
Either parent can then file for a modification to the custody plan in favor of or against the move.
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Each parent may present arguments before the court about how the child's circumstances would change for better or worse.
Demonstrate Case
A judge will decide whether to allow or deny changes to the custody plan and the proposed move.
Court Determination
Court Approval
Parents can agree on a new plan on their own, but it must be approved by the courts before a move.
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If you or your former spouse is considering a move, contact one of our family law attorneys at Gearing, Rackner & McGrath, LLP.
Seek Counsel
Our custody lawyers can guide you through the process, explain the law, and represent your interests.