Ask An Attorney: Can Wife Move Out of State With Child To Avoid Abusive Husband

Welcome to ask an attorney. Today’s question comes from Eugene. The writer wants to know if she can move out of state to flee a domestic abuse situation

my name is Steven Leskin.  I’m a divorce and family law attorney in Portland Oregon. you can find me at www.leskinlaw.com. We post new content

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valued so the question is will a judge allow a domestic abuse a victim of domestic abuse to take a child out of state and it’s hard to say uh the first option

maybe to consider filing a fapa a family abuse protection act and get the abusive husband out of the house um if you’re going to court and want to

move it’s best to do it under the auspices of the Court if you move and take a child with before a court order Court may look unfavorably on that in

order you back to Oregon and then you end up with a less restrictive parenting plan or a parenting plan with uh out of supervisor to protect the child if there’s abuse directed at the child so it’s kind of hard to know what the court is going to do but my advice would be firstly to get the fapa which would if granted after a hearing would almost certainly guarantee you full custody and then uh with that evidence you may be you’d have a stronger case to argue that there should be a

a supervised parenting plan but you’d have to make your argument pretty carefully that that you know that you have to support in the state where you’re going you have family maybe a job a support system for the children so it’s hard to hard to say but the first step would certainly be to get the FAPA order in place again my name is Stephen muskin and you can find me at www.leskinlaw.com. thanks for watching