When does Oregon have jurisdiction over a child?
My son has been living with me in Oregon for over one year now. Washington has jurisdiction now, and is where the initial parenting plan was setup. When will Oregon have jurisdiction over the child?
Answers:
It depends on if your divorce (or custody agreement if never married) explicitly states that Washington retains jurisdiction, and whether or not Oregon subscribes to the UCCJA (Uniform Child Custody Jurisdiction Act). I think all but 2 or 3 states do, but I never remember the handful that don't.
Typically, there is nothing that makes the new state automatically have jurisdiction unless you file a court action in the new state. For instance, if your ex stops paying child support, and you have to take him to court over it, you can try to do it there in Oregon, on the basis that the child has been there longer than one year and that is now his home state. But the ex will likely insist on going through Washington if he still lives there, and you might end up with an attorney in both states fighting over jurisdiction. I've seen it happen more than once. Also, you need to find out what the differences are in Oregon and Washington's laws regarding child support, custody and visitation. Realistically, you want to keep your jurisdiction in the state whose laws are the most beneficial to you and your child. If Washington's child support is more than Oregon's, that's reason enough for most people to leave it alone.
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