When A Parent Plans To Relocate
After a divorce or breakup, one party may wish to move to a different county or out of state. But relocating with the children requires notifying the other parent and obtaining approval of the court.
Relocation is a difficult and emotionally charged issue, especially when one parent takes the kids and moves without any notice or permission. My name is Elaine Smith-Koop, a family law lawyer in Salem, Oregon, with more than 25 years of legal experience. I provide compassionate support and aggressive protection of your parental rights and your children’s well-being.
Marion County Attorney For Move-Away Custody Issues
The law firm of Elaine D. Smith-Koop, LLC, handles parent relocation in the family courts of Marion County, Polk County, Yamhill County and surrounding jurisdictions of the Willamette Valley.
- If you are the parent seeking to relocate, I can help you assert valid arguments such as a better job, better schools or a family support network.
- If you are the parent who would be left behind, you can request a hearing to challenge the relocation petition. I can help you demonstrate that the parent is moving chiefly for selfish reasons or that it is not in the child’s best interests.
- If the other parent is seeking to move away without court permission or has already taken your children out of state, I will aggressively pursue your legal remedies. Oregon has summary proceeding to enforce parenting time. We can also file contempt of court motions or a motion to change custody. Sometimes I file all of the above.
The court considers several factors in deciding whether to allow relocation. Do the parents have joint custody, or does the relocating parent have sole custody? Is the parent seeking employment and opportunities for the child, or moving to spite the other parent or move in with a new partner? Does the child have special needs, established friendships or good grades that would suffer?
If the court does grant relocation, it will be necessary to revisit the parenting plan. I can help you work out arrangements for parenting time (visitation), such as extra time during holidays and summer vacation. The court may also adjust child support or spousal support, or require the relocating parent to subsidize travel expenses. The parent left behind is also entitled to daily or regular contact with the child to preserve the parent bonds.
Experience With Difficult Family Law Matters
There are no easy solutions in these cases. I will stand up for your rights and the best interests of your children and keep you informed and involved in the process. If you need an experienced Salem parent relocation attorney, call me today at 503-298-4419 or 800-743-3002, or contact me online to schedule a consultation.