Looking to file Legal Separation in Oregon . Can she take the kids and live any where? Worried about the effects of change for kids?

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Looking to file Legal Separation in Oregon . Can she take the kids and live any where? Worried about the effects of change for kids?

I’am 33 years old my wife and I are looking into a legal separation. She is moving with the kids and taking them away from all that they have know? It’s not out of state . However I worry about the change of school and city for my son and daughter. Thank you

Asked on June 30, 2009 under Family Law, Oregon

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not an Oregon attorney, and the law on this subject does vary from one state to another.  But I think it's likely that your wife would be entirely within her rights to move anyplace within Oregon with the children;  if you had to go to court about this, you could expect to have something done about your parenting time schedule so that you could maintain your relationship with the children, if the distance was too great for the usual alternate-weekends arrangement.  It's only when the move desired is out of the state, usually, that court approval is required, and that has gotten easier to obtain in recent years, in many places.

For a reliable reading of your rights in this, and the rest of the issues in your separation, please have all of the facts of your case reviewed by a lawyer in your area.  One place to find an attorney is our website, http://attorneypages.com


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