Will I be able to go to my home state without being charged with kidnapping our daughter? 2 Answers as of May 11, 2016

I am currently married to a functioning addict. No one knows he is an addict because he is a professional. He is cheating on me. I want to go home to another state. As I do not have any family here.

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Oliver & Duncan | Donald E. Oliver
Under the law of most states, you can take a child or children with you to move to another state so long as there is no legal action filed that would give an Oregon court the authority to determine child custody, parenting time and support. However, you should consult with a lawyer in the state where you intend to go to find out how an action for dissolution of marriage or legal separation would be handled and how that state handles jurisdiction. For example, in Oregon the party filing an action for dissolution of marriage has to live the county in which the case is filed for six months before the action is filed. On the other hand, you can file an action for legal separation as soon as you get here. Under that situation, you could get a temporary custody/parenting time/child support order and then bring a motion to modify the action to seek a dissolution after you have been here for six months.
Answer Applies to: Oregon
Replied: 5/11/2016
Attorney at Law | Aimee C. Robbins
Yes as long as there isn't a custody or visitation order preventing you from doing so. If you were going to file for divorce or custody though you would have to do it in Maryland.
Answer Applies to: Maryland
Replied: 5/11/2016
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