The court correctly considered the best interests of the child in determining the outcome. However, the Tribunal did not take into account the factors of ORS 107.137 (1) which provide that the court gives preference to the child`s first caregiver if the guardian is deemed appropriate. However, the Tribunal`s findings showed that the only factor the court considered a preference for relocation was the mother`s ability to remain available to the child as a “stayed-at-home mother”. The Court of Appeal held that the court should have given priority to the mother`s role as the child`s primary caretaker, whether or not she works outside the home. The Court of Appeal also found it important that the court not consider the child`s attachment to the mother`s new husband, described by Dr. Sabin as a “caring relationship”, to be related. For these reasons, the Court of Appeal asked the Court of Appeal to reconsider its findings, taking into account the mother`s role as primary caretaker, as well as the child`s relationship with the stepfather. ORS 107.159 requires redundancy of residence before moving with a child: courts cannot make decisions regarding custody, education time and support for children, unless the legal relationship (paternity) between a child and his biological father is established. Sometimes a paternity case may include decisions about custody and the period of education. You may need a lawyer to help you. Moving of parents and moving children within 60 miles is generally considered to be legally non-significant and generally does not require court authorization.
For example, to move to a nearby town. Depending on the parent plan (also known as a “visitation agreement”), but you have a slight lag with the other parent, a slight lag may have an impact on the time of education or have a negative influence on the child. You should discuss with the other parent the reason for the expected movement, distance, travel times and precautions to eliminate or minimize the impact on parental leave, pick-up and pickup locations for parental leave, and of course what is best for the child. The term “shared custody” in Oregon means that parents share the responsibility of deciding a child. Shared custody does not mean that a child lives half the time with each parent. Parents can have shared custody even if a child lives exclusively with a parent. Under Oregon law, both parents almost always have the right to access school, medical, dental, police and child counseling documents. Both parents are generally able to approve emergency medical care. In addition, Oregon law requires that most parenting plans prevent one party from withdrawing more than 60 miles from other parents without telling the other parent and the court before the move.