Can a parent move out of state with children post divorce?
Can a parent move out of state with their children post divorce? The first inquiry that we need to look in is what does the disillusioned judgment say, or if there's a supplemental judgment regarding custody and parenting time since the disillusioned judgment, what does it say? Most judgments in Oregon have a provision that says neither party shall move to a residence more than 60 miles further distance from the other parent without advance notice to the other parent and to the court. That allows the responding parent to file a modification and either ask for custody of the children, ask for a long distance parenting plan, or some other relief, assuming the custodial parent moves.
Move away cases are one of the more difficult cases that family law attorneys see. The general reason for that is the move must be in the child's best interest, not in the parent's best interest. Oftentimes, if someone, say, is going to get a 10% raise and moving out of state, the court won't find that that's in the best interest of the child, although it may be in the best interest of the parent. If you're dealing with a move away issue, it's very important to see a qualified family law attorney because they're very fact dependent and the reasons for the move need to be child focused.