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  #1  
Old 07-18-2000, 03:57 PM
Cassius
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Is there an age for a child to be able to choose where they want to live? My son is 5. He is moving. He does not want to go.
I cant stop them. Yet.

Let me rephrase. Is there a legal age in Oregon where a child has a legal right to dictate, or give a majority vote as to where that child would like to live, that the courts recognize and give more weight to making that decision.

Eddie

[This message has been edited by Cassius (edited July 18, 2000).]
  #2  
Old 07-18-2000, 03:59 PM
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5 yrs old is too young to make that decision.
  #3  
Old 07-18-2000, 04:09 PM
Cassius
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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by MySonsMom:
[b]5 yrs old is too young to make that decision.[/b]<HR></BLOCKQUOTE>

Let me rephrase. Is there a legal age in Oregon where a child has a legal right to dictate, or give a majority vote as to where that child would like to live, that the courts recognize and give more weight to making that decision.

  #4  
Old 07-18-2000, 04:11 PM
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I believe for most states the age is around 12-13 yrs of age when the courts can "recognize" their thoughts. That doesn't guarentee that they will get their way..It depends on a lot of things.
  #5  
Old 07-18-2000, 04:31 PM
usdeeper
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What do you mean your son is 'moving' ?. Moving to where.. do the custodial parent have permission to move ?. What does the agreements state ??
  #6  
Old 07-18-2000, 05:53 PM
Cassius
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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by usdeeper:
[b]What do you mean your son is 'moving' ?. Moving to where.. do the custodial parent have permission to move ?. What does the agreements state ??[/b]<HR></BLOCKQUOTE>


The mother is moving to Texas. The notice was unreasonable, but according to my attorney, I will not be able to keep her from moving. I can keep her here until a new schedule is filled out if need be. The divorce decree does not limit her to the state of Oregon. My fault. She only has to give notice.


  #7  
Old 07-18-2000, 06:58 PM
usdeeper
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She would have to give 30 days written permission to move. If you say no, it has to go to court and she will need to petition the court.

Things to note.. if you currently have a good regular visitation with your child then you can claim the move will seriously effect your ability to have a relationship with the child. This still may not stop her from being able to move. However, you then look to get her to pay at least 75% of all travel costs associated with your visitation. Get the visitation schedule changed so that you can see your child for longer periods, ie, not every weekend, but for 3 weeks during the summer, two week every other christmas, etc etc..

She is the one moving out of state and she is the one who will be seriously effecting your ability to maintain a good health relationship with your child.. so if you can not stop her, MAKE HER PAY (financially) !!..

and if your attorney is not up to the job, get another one !.

  #8  
Old 07-18-2000, 07:24 PM
Cassius
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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by usdeeper:
[b]She would have to give 30 days written permission to move. If you say no, it has to go to court and she will need to petition the court.

Things to note.. if you currently have a good regular visitation with your child then you can claim the move will seriously effect your ability to have a relationship with the child. This still may not stop her from being able to move. However, you then look to get her to pay at least 75% of all travel costs associated with your visitation. Get the visitation schedule changed so that you can see your child for longer periods, ie, not every weekend, but for 3 weeks during the summer, two week every other christmas, etc etc..

She is the one moving out of state and she is the one who will be seriously effecting your ability to maintain a good health relationship with your child.. so if you can not stop her, MAKE HER PAY (financially) !!..

and if your attorney is not up to the job, get another one !.

[/b]<HR></BLOCKQUOTE>


Email me at ecpuck@yahoo.com I would like to send you what I sent to my attorney.

  #9  
Old 07-18-2000, 07:41 PM
usdeeper
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You would get much better help and advice for many more people if you could post it here..
 



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