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Submitted 83 days ago...

dugand

dugand

New User (1)

Moving out of state as primary caregiver. X is doing drugs- divorce is not final , joint custody

I have three children and want to get them out of this environment. Separated for one year , their mother wants them back, but is doing drugs. Are there consequences for taking them out of state. I am the father of one of the 2year old. The other two are not legally mine, but I have raised them since his was 2years old. He is now 8 and the other little girl is 5.
My ex wife has spent the last year on and off with them and the drugs, she is in an abusive relationship, and now wants the kids back.
I have family in Oregon and want to relocate. I need answers. Thanks

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Answer 1 / 1 - Submitted 48 days ago...

tomturkey

tomturkey

Brain (6,449)

The thing here is in some states if the courts have not been involved,meaning neither parent has filed for custody ect, then the parent can move . I am not sure of your state,but I also know that in most states a parent cannot relocate without the cnsent of he non-custodial parent,or from the court. I would sujest that you file a motion for custody and ask to relocate,unless you fear that the court will not grant that motion with the relocation,if that is the case then you might want to consider to go to Oregon and wait the six months and then file for custody in that state,what you need to ask your self before doing this is, do you think the mother will file for divorce and custody when you are gone,if she does then you would have to go back for the court hearing,also you might consider giving your wife written notice that you are leaving state for a visit,to try to figure things out,that may bide you some time, but the mother needs to be aware of your intent,if she fears you are kidnapping the children she could get the district attorneys office involved,and you do not want that,you may also ask yourself if there is any future with your wife,and get her some help. I just now reread your statement and just caught that you are the father of only the two year old,and the same answers I have stated can still be for the two year old,however as a stepparent you have no legal rights with the other two children and can be prosucuted if you leave state with them.

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Moving out of state as primary caregiver. X is doing drugs- divorce is not final , joint custody

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