Oregon v. Washington Jurisdiction

[crayiii]

Wife, child (born in Oregon) and I lived in Oregon for 5 years. We moved to Washington and lived there for 3 years but I still worked in Oregon.  We then moved back to Oregon and lived here for 7 months.  My wife left with our son and lived in Alaska for 6 months and is now in Washington State (1.5 months).

She has requested CS in Washington and they contacted me. She has been in Washington for about a month and half. I have filed for divorce in Oregon and have asked for custody.  She avoided service for a few months until we served her boyfriend instead of her. Her boyfriend told the process server on several occasions that he didn't know her and she didn't live there.

The CS office in Washington told me that they have jurisdiction but after reading their rules it is very shaky and I believe that Oregon actually has jurisdiction.

I received a notice in the mail from the CS division asking if I would send them proof of insurance for our son. I was just sent via regular mail and didn't say anywhere on it that I was required to answer. I'm wondering if they are hoping I answer thus allowing them jurisdiction.

My question is as follows:

Is there any reason for me to push to have the CS order brought to Oregon or should I just let Washington do it?  Additionally, does Oregon have jurisdiction over custody?

[joni]

Jurisdiction is whatever state you allow to have jurisdiction over you.  WA cannot force jurisdiction unless you consent to it.  By default, you live in OR, jurisdiction would be OR.

You could look at it from a couple of different angles.  If you plan on staying in OR, I would keep it in OR.  If you let the ex have WA, you could be inconvenienced by having to go up there for CS hearings and having to even hire an atty in WA.

However, if WA CS is calculated to be less than OR or have better advantages in OR (like CS is only to 21 in OR but only 19 in WA), you might consider subjecting yourself to WA's jurisdiction.

Personally, I would keep it in OR.  I would take a look at both calculations and weight out the pros and cons overall....like can you throw a rock and hit WA?  What if Ex moves to the other side of the state away from you?  The county would follow her if you subjected to WA.

[crayiii]

Well, I was served papers late last night.  My wife filed for divorce in Washington as well as ex parte protective orders and emergency custody.  The hearing was scheduled for 8:30 this morning in Washington.

My attorney called her attorney and he agreed to postpone by two weeks.

Now I guess we have to fight for jurisdiction for the divorce and custody too.

[wendl]

what county in WA??? and do you have an attorney in WA??

**These are my opinions, they are not legal advice**

[crayiii]

It's in Spokane.

Here's what it looks like they are doing:

We lived in Washington for 3 years after living in Oregon for 5 years.

We moved back to Oregon and my wife is saying that she was here a couple weeks shy of 6 months because the last few weeks she was in Alaska on vacation.

She is also saying that she was in Alaska for only 5.5 months before she moved back to Washington.

So they are saying that she never gave up her Washington residency.

[crayiii]

Oh, and no I do not have a Washington attorney yet, I am looking.

[4honor]

then residency would continue to toll in Oregon.

I thought you said you filed in OR already? Your filing should trump her filing.