If I have joint custody of 15 year old, is it illegal to go get her from another state if she wants me too?

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If I have joint custody of 15 year old, is it illegal to go get her from another state if she wants me too?

Her mother moved to out of state via verbal agreement that I could see her any time and she would buy train tickets. My daughter wants to live with me. She says that she is being verbally abused by her mom

Asked on August 22, 2012 under Family Law, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I would do this by the book. First you need to know that a verbal agreement does not legally alter the written agreement and order. Now, in order to legally modify the agreement you need to make an application to the court to modify the agreemtn and have you be the custodial parent. That application has to be made in the state and county in which the child legally resides.  Now, your daughter will be able to discuss the issue with the court and they will ask her why she wants to live wth you.  The reasons have to be good ones and not that her mother is too strict, etc. If she is in immediate danger then you can bring an emergency petition.  Good luck.


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