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  • Thread starter Thread starter jchic29
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jchic29

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From ORegon~~
I really need to know the answer to this one, I cant afford to get legal advice nor actually buy ano of the do it yourself divorce/or custody books. so I have to do this all on my own by advice .. Not smart I know but all I got..
anyway.. I want to move out of ORegon Asap, to washington, with my 2 sons 8 and 5. I just recently filed for divorce, i am asking for full custody, as thier was abuse to me in the marriage in front of kids. I actually have a Restrain order onhim that we are goint to hearing about next week.. anyway, THe place we are living at right now is not ideal at all for my boys. However I have a freinds place that we can live at in washington that is very stable and will allow me to be home with my kids and thiers after school.. I am not moving to keep the dad away from them,, I am moving becasue it is sort of the onlyalernative i have now. and it will be great for the kids... Can I do this even though the divorce isnt final.. I want to file a bifurcation, will this help? I just need to get the boys to a safe and stable living environment
 


S

smh33

Guest
I am laughing with humour...even with a lawyer you pretty much have to do a lot on your own anyway so your not in as bad position as might feel. Divorce,abuse (now legally alledged,not proven?),etc...slow down,be rational, think everything through so you do not screw yourself over.
1. read your state laws on custody,divorce...moving...try www.ancpr.org...they will answer questions (legal) for free
2.check social services for programs, maybe place you can reside to get out(temp), ask about moving...ask about legal services for those not able to afford...try looking up 'legal aid'..name in my state. Also SS usually has a list of lawyers who will give you free consult and charge fee based on what you can pay...if case seems winner..they sometimes waive fees,asking ex to pay for your fees at court...if not awarded then they bill you the lower cost
Do all this BEFORE you leave
3.If you must go, advise dad in writing by certified mail so you have proof...and supply address,phone to him
4.Problem is by leaving, you are impedeing his ability to have a relationship with children and you can not do that. If you want no visit for him, you need to file for temp sus of visit until you get all the abuse stuff proven/settled.
You will need to file for a visitation order, maybe at restrain hearing you can get a temp sus of visit until u get to custody court...though court may not hear any other issue than restraint. You may need to file for perm to take kids temp out of state. This is why you need lawyer consult.
If you go, send letter and I would give imply that you will be returning with kids.
Even after custody established...parents can not just leave state,move with kids without telling other parent. Other parent has a right to contest move taking kids away and yes court can order that you can not move. Either way when you eventually end up infront of judge...it will only look bad on you if you leave, take kids, don't tell ex.,don't give him info,don't intend to come back. Good Luck
 

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