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    phenomenaut3's Avatar
    phenomenaut3 Posts: 1, Reputation: 1
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    #1

    Jun 26, 2012, 04:42 PM
    No custody order and father won't return child from out of state
    The father and I agreed about him taking our child from Oregon to South Dakota. It was a temporary plan. Until He finished one semester of a trade program that he didn't finish before. He has family there and my daughter is taken care of very well. Before he got a job there I was the bread winner for our child. I initiated official child support payments just recently. Our only legally binding document states that all of our decisions concerning her must be made jointly? Is the next step filing for a custody order? I have a history of minor mental illness: anxiety, insomnia, possibly bipolar. Should I worry about this? I have a good work history with a career as a chef and he has just started his first full time job in over ten years. Can I just go there and pick her up and bring her home? What should I do, so that I can fully participate in raising my daughter? Thanks in advance.
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #2

    Jun 26, 2012, 05:04 PM
    Quote Originally Posted by phenomenaut3 View Post
    The father and I agreed about him taking our child from Oregon to South Dakota. It was a temporary plan. Until He finished one semester of a trade program that he didn't finish before. He has family there and my daughter is taken care of very well. Before he got a job there I was the bread winner for our child. I initiated official child support payments just recently. Our only legally binding document states that all of our decisions concerning her must be made jointly? Is the next step filing for a custody order? I have a history of minor mental illness: anxiety, insomnia, possibly bipolar. Should I worry about this? I have a good work history with a career as a chef and he has just started his first full time job in over ten years. Can I just go there and pick her up and bring her home? What should I do, so that I can fully participate in raising my daughter? thanks in advance.
    Without a custody order.. he doesn't have to give the child back... I would recommend getting a custody order established through Family court.

    Will those problems be brought up? Most likely, you are going to want to be able to prove they are being treated and they are under control as part of your defense if it does.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jun 26, 2012, 05:59 PM
    Currently you have equal rights. So he can refuse to return her and be within his rights. How long has she been with him?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Jun 26, 2012, 07:02 PM
    Quote Originally Posted by phenomenaut3 View Post
    ... Our only legally binding document states that all of our decisions concerning her must be made jointly? ...
    What makes you think this is a legally binding document?

    Quote Originally Posted by phenomenaut3 View Post
    ... Is the next step filing for a custody order? ...
    Yes. You have six months after he took the children to South Dakota in which to file in Oregon. After that, you would have to file in South Dakota.

    Quote Originally Posted by phenomenaut3 View Post
    ... .. I have a history of ... anxiety, ... Should I worry about this? ...
    Sorry, but there is intersting irony in that question. :)

    No, I don't think you have to worry about it unduly.

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