Oregon interstate custody disputes are governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) — the child's "home state" usually has jurisdiction.
Published May 8, 2026
## Interstate child custody (UCCJEA) in Oregon
When parents live in different states (or one moves with a child), the **Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)** decides which state's court can hear a custody case. Adopted by Oregon and 48 other states + DC (only Massachusetts holds out — uses similar law).
## Why UCCJEA matters
Without UCCJEA, parents could:
- Forum-shop for favorable courts
- Snatch children to favorable jurisdictions
- Get conflicting orders from multiple states
- Re-litigate endlessly
UCCJEA prevents this by giving ONE state at a time exclusive jurisdiction.
## "Home state" — the key concept
**Home state** = state where child has lived with a parent for **6 consecutive months** immediately before custody proceeding (or since birth if under 6 months).
**Initial jurisdiction** rules (in priority order):
1. **Home state** of child
2. State with **significant connections** (if no home state)
3. **More appropriate forum** (if no other basis)
4. **Vacuum jurisdiction** (if no other state qualifies)
## Exclusive continuing jurisdiction
Once a state issues custody order, it KEEPS jurisdiction until:
- All parents + child no longer have significant connection with state, OR
- All parents + child no longer reside in state
Other states must respect original state's jurisdiction.
## Modification of out-of-state orders
**General rule:** Original state has exclusive jurisdiction to modify until they lose it.
**Other state can modify only if:**
1. Original state has lost continuing jurisdiction, AND
2. New state is now home state OR has significant connections
## Emergency jurisdiction
**Temporary emergency jurisdiction** when child is:
- Present in state, AND
- Abandoned, OR
- Subjected to (or threatened with) abuse
Court issues TEMPORARY orders only — must coordinate with home state.
## Common scenarios
**Scenario 1: Mom moves to new state with child.**
- Mom must wait 6 months in new state for it to become home state
- During that 6 months, original state retains jurisdiction
- Dad can file in original state to prevent forum shift
**Scenario 2: Parent abducts child.**
- New state CANNOT take jurisdiction based on abduction
- Original state retains exclusive jurisdiction
- UCCJEA + Hague Convention may apply
**Scenario 3: Both parents move to different states.**
- Original state may lose continuing jurisdiction
- Need to determine which state is now home state
- May require coordination between courts
**Scenario 4: Military deployment.**
- UCCJEA addresses deploying parents
- Servicemembers Civil Relief Act + state laws protect deployed parents
## Inconvenient forum
Court with jurisdiction may DECLINE if:
- Other state more appropriate
- Domestic violence factor
- Length of child's residence elsewhere
- Distance / financial circumstances
- Witnesses / evidence located elsewhere
- Familiarity with applicable law
## Hague Convention
**International cases** governed by **Hague Convention on the Civil Aspects of International Child Abduction**:
- 100+ signatory countries
- 1-year window to seek return
- Returns child to "habitual residence" country
- Limited defenses (grave risk of harm, etc.)
- Federal court jurisdiction (ICARA)
**Non-Hague countries** require diplomatic / civil action — much harder.
## Registration of out-of-state orders
**To enforce another state's order in ${s.name}:**
- File certified copy with court
- Provide notice to other parent
- Other parent has limited time to object
- Once registered, enforced like local order
## What to do
If you're facing interstate custody issues in Oregon: act quickly — UCCJEA timing matters. Hire a family-law attorney with multi-state experience. Many Oregon family attorneys handle these cases. International cases require Hague-experienced counsel.
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*This guide is general information about Oregon and federal law as of mid-2026 and is not legal advice. Interstate custody is technical + time-sensitive. Talk to a licensed Oregon family attorney about your specific situation.*
This guide is for general information only and does not constitute legal advice. Laws change and outcomes depend on your specific situation — talk to a licensed attorney before acting on anything you read here.