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Oregon Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: Can parents of the chid change agreed upon parenting days without custody? There is no court ordered custody agreement.

I currently live in Oregon. Father pays child support, but currently there is not custody agreement. Both parents were on a schedule with the child prior to the change. Mother was week days, and father was weekends. Mother changed parenting days to every other weekend. Does the father have any... Read more »

Joanne Reisman
Joanne Reisman
answered on Dec 16, 2019

Parents have the right to Parent. No court order is technically required to determine custody or parenting time. The reason to go to court to get an order is to balance out the rights of the parents with the assistance of the courts. So yes, as a father you do have rights. That's why you... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Oregon on
Q: Is there a lawyer whom does or would be willing to help me for almost nothing?? I desperately need help

I'm uneducated to how the system works and I need help

Vincent J. Bernabei
Vincent J. Bernabei
answered on Nov 4, 2019

If you need help in finding an attorney, you may call the Oregon State Bar's Lawyer Referral Service at (503) 684-3763 or toll-free in Oregon (800) 452-7636 and ask for a modest means referral. There are some attorneys who are willing to represent clients at a reduced rate.

You could...
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1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Oregon on
Q: Are CPS workers allowed to refuse to give a parent a UA if they ask for one?

My son was in the care of someone else while I was at home packing our belongings to flee from a bad situation that I did not want him around. While he was with the other individual he ingested narcotics and almost died. I met him and the person providing care for him at the hospital and the next... Read more »

Joanne Reisman
Joanne Reisman
answered on Nov 3, 2019

This is too complicated to figure out based on your brief synopsis. You need to contact an Attorney who can both review your details of what happened and review the court records. A reunification plan is only when there is a juvenile court proceeding and in a juvenile court proceeding you would... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oregon on
Q: Can the amount of child support be changed without notifying the parent who receives it?

I have received the same amount of child support for seven years now. My sons father has not changed jobs and is earning the same wage as before. However, the last 5 months I have received 1/4 of the court ordered amount. I found out that his girlfriend recently filed for child support of their... Read more »

Joanne Reisman
Joanne Reisman
answered on Oct 9, 2019

Hopefully your support is being collected for you by Oregon's Support Enforcement. You need to call them and find out why the amount forwarded to you has gone down. Some reasons it can go down could be he didn't pay the full amount or he lost or changed jobs and the maximum they can... Read more »

1 Answer | Asked in Child Custody and Child Support for Oregon on
Q: If the father isn't on the birth certificate, do I already have sole custody? Do I need to file for it? How do I file?

I know who the father is but he won't comply with child support and I need to apply for custody of both of our kids. He is only on 1 birth certificate. I need to know how I do that. I have custody forms but it asks for paternity. We were never married.

Joanne Reisman
Joanne Reisman
answered on Oct 9, 2019

Go to the child support division of your local district Attorney's office and apply for assistance with child support. They will take care of both child support and proving paternity. Once paternity is established you can use the court forms to apply for custody. Just be aware that the... Read more »

1 Answer | Asked in Child Custody for Oregon on
Q: I have sole custody in Oregon and let my son move to CA with his dad. Does his dad now have physical custody?
Joanne Reisman
Joanne Reisman
answered on Oct 8, 2019

The original custody order still applies until the court orders a change. However the fact that your son moved to live with his father to California may persuade the court to change custody to the father. It also may depend on how long your son has lived with his father. You really haven't... Read more »

2 Answers | Asked in Child Custody and Family Law for Oregon on
Q: can i get custody of non biological children

i hAVE six children 3 of them whore are my childrens sibiling that i have raised 100% there lives 3,4,8 mother is absent for over 3 years and father and i are seperated i raise the children 100% on my own and have played the role of single parent half of there lifes alone since seperation i have... Read more »

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 3, 2019

To obtain custody of a child who is not your biological child, you will have to overcome a legal presumption that the child's legal parent is acting in the best interests of the child. Raising the child may be enough to overcome the presumption that the legal parent is acting in the... Read more »

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1 Answer | Asked in Family Law, Child Custody and Civil Rights for Oregon on
Q: Dtatus Quo Order not being follows by wife. Nothing I can do?!

She left 08-01-19 and took out son to her parents over 60 miles away. A week later I submitted the paperwork I needed to and included a motion for Status Quo. That was signed as an order 08-12-19. Her lawyer was given copy in court (had court for Ex Parte which was dismissed) and was told by the... Read more »

Joanne Reisman
Joanne Reisman
answered on Sep 15, 2019

Your lawyer should set a date for a hearing to determine temporary custody and temporary parenting time. But it is likely that your wife will also ask for temporary child and spousal support. This isn't just about her moving to her parents house. It is about transitioning from married to... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Oregon on
Q: i saw the runaway laws when ur 17 the law cant do anything? In oregon
Joanne Reisman
Joanne Reisman
answered on Sep 8, 2019

You are a minor under your parents custody and care until you are age 18. Running away isn't a crime but it is a situation that is a safety concern for the minor child so the authorities can intervene and take the juvenile into protective care. That said, sometimes older children end up... Read more »

1 Answer | Asked in Child Custody for Oregon on
Q: I have full custody of my grandchild in NJ he went to visit his father in oregon now he will not let him come back

I have had him for 10years his father will not let him come back or talk to me what rights do I have

Joanne Reisman
Joanne Reisman
answered on Sep 2, 2019

If you have a court order or judgment granting you custody you can ask an Oregon Court to grant you a writ of assistance so the police in Oregon will help you get your grandchild back.

1 Answer | Asked in Child Custody for Oregon on
Q: How long does my ex have to return a child to state once status quo has been approved and served?

My ex took my child and moved to texas, she hasnt really worked in almost 2 years and lives off of anyone she can. I have filed and been granted status quo and temporary emergency custody. I will be sending it off to her county to have her served, but once she is served how long does she have to... Read more »

Joanne Reisman
Joanne Reisman
answered on Sep 2, 2019

There is no rule as to how long she has. She either does or doesn't return the child. If she doesn't you may have to get a lawyer in Texas to help you get what is known as a writ of assistance from the court in Texas. Once you have a writ of assistance then the police in Texas can... Read more »

1 Answer | Asked in Domestic Violence, Family Law, Adoption and Child Custody for Oregon on
Q: I live with my dad and he is mentally abusive to me mostly. I babysit my 2 siblings from 8 to 10 hours a day. I’m 15

I get no compensation. I don’t want my dad to get into trouble and get my siblings taken away. I want to know what my options are to get out of my house. Could I move in with a different family member? Would I get in trouble legally for leaving?

Joanne Reisman
Joanne Reisman
answered on Aug 19, 2019

You generally have only two options - let your mother know so she can Petition the court for a change of custody or report that you are being abused to children's services or a school counselor or your doctor. If you report abuse there will be an investigation and you and your siblings could... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Oregon on
Q: My boyfriend is currently going through a divorce and custody battle here in the state of Oregon. Refer to more info

He is part of a shelter for domestic abuse. His caseworker there apparently told him that adultery can be used against him in court during his custody battle. Is this a legitimate thing? Because I myself have read that adultery cannot be used against him unless it directly affects a decision that... Read more »

Joanne Reisman
Joanne Reisman
answered on Aug 6, 2019

Adultery has no place in modern law. Adults can have sex with other consenting Adults in private and it is not relevant unless it is somehow detracting from the children getting proper care. But the fact that adults have relationships with other Adults to whom they are not married, alone, is not... Read more »

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: Is it legal for a father who isnt on the birth Certificate to take the child to get a DNA test without the mom knowing

Is it legal for father who isnt on birth Certificate to get a DNA test with child without mothers consent or knowing and without a court order. Not upset paternity got established I was just curious as to how someone who isnt on a birth certificate can take a child to get tests done. Really just... Read more »

Joanne Reisman
Joanne Reisman
answered on Jul 30, 2019

Not sure what your objection is really about. DNA can be tested from a hair sample or a saliva sample so it isn't really that big a deal. Are you upset because this man is the father but you want to suppress this fact so you can cut off his access to the child? Are you upset because this... Read more »

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Does the father of a child need to give up his rights to the mom to help keep the grandparents from getting custody

Mother is 21 and lives in California, parent's are threatening to get custody, dad is 20 lives in Oregon and was told by her aunt that he needed to sign over all his rights to keep her parent's from getting custody.

M. Nicole Clooten
M. Nicole Clooten
answered on Jul 23, 2019

I would need a lot more factual background to answer this question. What contact have the parties had with the child? Where is the child currently? Who is the primary caretaker?

1 Answer | Asked in Divorce, Family Law and Child Custody for Oregon on
Q: Do I have to contact the other parent for a time to pick up his kid, if he does not call or text for his parenting time?

I’m amidst a divorce and last weekend (we have a ex parte temporary order of restraint-kids in my custody) he had our daughter for the weekend and our ten month old son he only kept for 1 1/2 hours of his 2. He was sleeping and my daughter answered the door for the 8 am, which was answered at... Read more »

M. Nicole Clooten
M. Nicole Clooten
answered on Jul 23, 2019

This is a tricky situation. On one hand, you do not want to be the parent who is not facilitating a relationship between the child and the father, but if he really wanted his time, he would be more communicative. He needs to be the adult in the situation and make the effort in my opinion. I... Read more »

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: I have a custody order in Oregon, I was awarded sole legal and sole physical custody. Other parent currently has

Supervised visits until she can get she completely out of her life. My question is on my custody papers am I allowed to move I remember I had check marked a box that said something along the lines of I don’t need to notify the courts or other party if moving more than 60 miles from other parent.... Read more »

M. Nicole Clooten
M. Nicole Clooten
answered on Jul 23, 2019

If the judge did approve that you do not have to give statutory notice, then you do not. The custody order in Oregon is valid in any state. You may want to register it as a foreign judgment in the new state. You would need to contact an attorney in the new state about that paperwork, but it is... Read more »

1 Answer | Asked in Child Custody for Oregon on
Q: What rights do grandparents have to their grandchild? How do they get custody?

My girlfriends parents (A) are talking about filing for custody to their son’s (B), kid(C) Citing drug use in (B) as reason. No criminal record on (B), just accusations from family , mostly. If CPS is notified, what are they gonna do? B,C, live along with c’s mother separate from A.

My... Read more »

Joanne Reisman
Joanne Reisman
answered on Jul 6, 2019

!. Biological Parents have the superior right to parent their children but if they are being neglectful DHS can take their children into protective custody. It would not be neglect for a parent who knows and admits they have a problem to place their child voluntarily with a another responsible... Read more »

1 Answer | Asked in Child Custody for Oregon on
Q: Does my child have to go to their father if something happens to me?

State of Oregon.

I am worried that if anything were to happen to me my child would go to their father. He has not been a part of their life but will not sign his rights over. I am married and my s/o has been here since before my child was born. Is there a legal way to make my child’s step... Read more »

Joanne Reisman
Joanne Reisman
answered on Jun 23, 2019

You can certainly nominate your husband to be the guardian and state some information in the nomination that will help the court know why. As your husband has had a significant role in your child's life he would qualify as a psychological parent and could petition the court to grant custody... Read more »

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: My dad was awarded custody of my son at 3. At 6 he moved back w/ me & has been living w/ me for 2 years, do I have right

When I was 19 my dad was awarded custody of my.son when he was 3. I got my life together and when my son turned 6 he moved back in with me. He has lived with me for over 2 years now can my dad still take him away from me whenever he wants do I have rights

Joanne Reisman
Joanne Reisman
answered on Jun 18, 2019

It sounds like you are in a good position to Petition the court to return your son to your custody. This would prevent your father from asserting his right to custody which he technically still has since the only court order at present gives him custody. But I want to caution you to speak to an... Read more »

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