Question by : Can a baby safely move from oregon to washington without a custody order?
I good friend had a relationship end in domestiv violence. She’s young, kind and the father has begun to threaten to take her daughter. She has family in washington, can she safely move from oregon to washington? No custody order is in place.
Answer by Amy Kloster
So, technically pre-custody order either parent can move with the child legally-there are some other implications to this that may not play out in her best interest in court-but she can do it. Here is a law article on leaving the state pre-custody order: http://www.divorceattorneylafayette.com/articles/divorce-and-leaving-the-state-with-your-child/ But, she may have a pretty good case for custody too. This talks about major issues in custody cases: http://www.bestafkalaw.com/articles/child-custody-issues/ Particularly if she can prove the domestic violence charges. This talks specifically about domestic violence issues and child custody: http://www.divorceattorneylafayette.com/articles/domestic-violence-and-child-custody/ In fact, if he has serious issues with temper, this can even affect his visitation rights. Here is one last article on some of the factors that can alter visitation:
http://www.badenmansfield.com/articles/factors-that-affect-visitation-rights/ If she can prove the instances of domestic violence and temper control and if he is truly a threat to the child, he could have lessened visitation or forced monitored visitation. But she would need to start gathering evidence on every front right now. She should also try going to battered women’s shelter. They can provide her with immediate help and most provide a degree of free legal aid as well.
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