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Legal issues when modifying custody due to parental relocation

On Behalf of | Sep 9, 2024 | Family Law |

When a parent decides to relocate, it can significantly impact existing custody arrangements. Modifying custody due to relocation involves several legal considerations that parents need to understand to handle the process smoothly and ensure the best outcome for the child.

Understanding Oregon’s relocation laws

Under Oregon Revised Statutes, a parent planning to relocate more than 60 miles away from the other parent must provide written notice. This notice is crucial, as it allows the non-relocating parent to object to the move and request a custody modification. The court will then evaluate the situation to decide if the relocation justifies a change in custody or visitation.

Best interests of the child guide decisions

The primary factor in any custody modification case is the best interests of the child. When a parent moves, the court assesses how the relocation impacts the child’s well-being. Key factors include the distance of the move, the reasons for relocating, and the child’s ability to maintain a relationship with both parents. The court aims to ensure the child’s stability and access to both parents.

Practical impacts on custody and visitation

Relocation often requires adjustments to the existing custody and visitation schedule. This may involve changes to:

  • The child’s living arrangements
  • Travel expenses
  • The frequency of visits with the non-relocating parent

Courts may also consider alternative arrangements, like virtual visitation, to help the child maintain a strong relationship with the non-relocating parent.

Navigating custody modifications in Oregon

Modifying custody due to a parent’s relocation involves careful consideration. Understanding these factors and preparing for potential changes helps ensure a smooth transition for everyone involved.

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