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A divorce can be an emotionally overwhelming experience for both adults and children alike, which is why many parents consider relocation after the legal process is over to put their divorce behind them and start a new life in a new place. However, if both parents cannot agree on the move, then relocation can present issues and result in more legal drama.
If you are thinking about relocating within or out of Oregon and the other parent doesn’t approve of the move, our Salem family law attorneys at Pacific Cascade Legal can help you achieve your legal goals. We can assess your current situation and determine your available legal options to get the best possible results.
Oregon Law on Relocation
According to state law, maintaining a close and continuous relationship with both parents is typically in the child’s best interest. Therefore, when a custodial parent wishes to move, the court must consider several factors because a child living in close proximity with a noncustodial parent is ideal.
A custodial parent in Oregon may typically relocate up to 60 miles from the other parent without having to tell the noncustodial parent about the move. However, if a custodial parent wants to move 60 miles away from the noncustodial parent or to another state, the custodial parent must alert the noncustodial parent and the court since the move could conflict current child custody arrangements.
If the noncustodial parent doesn’t agree with the proposed relocation, he/she can file a petition to prevent the move. The judge will decide on the matter based on the child’s best interest.
The following are the common factors a judge will consider in a relocation case:
- The main reason to relocate (i.e. better job opportunity, being closer to extended family members, or remarriage)
- How the move will impact the relationship between the child and noncustodial parent
- If relocation would benefit the child (i.e. better schools in the area, wider selection of extracurricular activities, or special needs attention)
The judge will either approve the proposed move, deny the proposed move, or approve the proposed move but change custody arrangements of the noncustodial parent.
Ready to Help You Relocate
Our firm is committed to guiding you through the complexities of the legal process and help you get the fresh start you want. Do not hesitate to fight for the best interests of your child and yourself. Contact us for more information today.