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Oregon Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Son does not want to go back to other parent

My son is refusing to go to the other parents. Other parent is custodial parent, as Oregon doesn't allow joint unless agreed upon.

Ask the other parent to do mediation with child, other parent refused. Ask for parent to come speak with child they the parent wont but is demanding their... Read more »

Joanne Reisman
Joanne Reisman
answered on Jun 12, 2019

If the other parent is the custodial parent you have a duty to return the child to them when your parenting time as stated in your parenting plan is done. You don't let the child decide, you put them in the car and drive them home. The other parent doesn't need to mediate with their own... Read more »

1 Answer | Asked in Child Custody for Oregon on
Q: if my child gets out of school early on the day i pick her up from school do i pick her up from school or from my ex?

my ex says that because she has a half day i am supposed to get her from her after the time that school would let out. i thought that once she dropped her off at school i would pick her up at school regardless of what time school got out

Joanne Reisman
Joanne Reisman
answered on Jun 4, 2019

The current terms of your parenting plan control if you and your ex can't agree. If it says "Friday after school" then you get to pick her up after school, whatever time that is. If it states a particular time, then maybe it isn't clear. If this is going to be an issue just... Read more »

1 Answer | Asked in Child Custody for Oregon on
Q: Can my ex & kid move 60 miles away from her current residence, establish residence there, and then keep moving further?

I am the non-custodial parent, living in Portland (3 nights a week with our daughter) and my ex lives in Happy Valley (4 nights a week with our daughter). Happy Valley is 13 miles south of my residence in Portland. Can she move my child to Albany (which is technically 62.5 miles from Happy Valley,... Read more »

Joanne Reisman
Joanne Reisman
answered on May 23, 2019

If I were you I would file with the court some type of motion, probably asking the court to give you custody if the mother moves. That will get the issue back into court so you and the mother can go to mediation and get some clarification as to what custody and parenting time are going to be... Read more »

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Can I move with my kids while my ex is in jail?

I have sole legal and physical custody of my kids. Their dad just got 6 months in jail for intimate harrassment and DUI (his 3rd total, he got 2 five years ago). I want to move 5 hours away to be closer to my family where I have more support. Can I do this without his permission?

Joanne Reisman
Joanne Reisman
answered on May 18, 2019

Assuming there is already a court order or judgment giving you custody and laying out a parenting plan (visitation) you need to read that order or judgment and see if there is any language in that document that discusses whether you can move or not. Typically these Judgments will say you... Read more »

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Signed away my rights to my son as a baby. Now he's 17 and wants contact. His mom is against it. Can he choose?
Joanne Reisman
Joanne Reisman
answered on May 15, 2019

I am going to assume that there is no restraining order that prevents you from having contact with the boy or his mother. Generally speaking there is no law against him contacting you or any other human being on the planet for that matter. However there may be consequences which his mother will... Read more »

2 Answers | Asked in Family Law and Child Custody for Oregon on
Q: My aunt passed away and I need to obtain guardianship of my cousin who is 13. No will. No biological father.

Minor was receiving state benefits, don't know how to address social security benefits. He has an adult sibling that agrees with my husband and i having guardianship. Child is not doing well academically.

Joanne Reisman
Joanne Reisman
answered on Apr 15, 2019

You don't need to be appointed Guardian to contact social security and be appointed as the designated payee for the minor's social security benefits. SS will just require you to file a report once a year as to how you used the funds. You mention that the minor also receives state... Read more »

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1 Answer | Asked in Child Custody and Child Support for Oregon on
Q: What should I do if mother had a stroke recently?

My youngest daughter will move with me full time until mother recovers which might be a long time. Should I file for child support from her?

Joanne Reisman
Joanne Reisman
answered on Apr 13, 2019

If you were ordered to pay support while the child lived with the mother then you definitely want to modify the support so you don't continue to be liable for payments while your daughter lives with you. That would involve also recalculating the support so yes, the mother may end up having to... Read more »

1 Answer | Asked in Child Custody for Oregon on
Q: Can a parent lose joint custody for not practicing visitation and not paying child support?

My ex wife and I share joint custody of our three children, but they live with me. It has been almost a year since she stopped following our parenting plan to have them every other weekend. She goes months without seeing them. She even changed her number and failed to tell me until months later... Read more »

Joanne Reisman
Joanne Reisman
answered on Apr 2, 2019

In Oregon, Joint custody is only by mutual agreement. Either parent can ask the court to stop joint custody and determine who has custody going forward at any time. So assuming your parenting time/custody order came from an Oregon Court, that would be the law. However if a court in another State... Read more »

2 Answers | Asked in Family Law and Child Custody for Oregon on
Q: I have 50/50 custody of my children. Can I vaccinate my child without my ex's permission, consent or knowledge?
Jessica Larsen
Jessica Larsen
answered on Feb 28, 2019

If you have joint legal custody of your children, legally you cannot make that decision without agreement from your ex. If you have sole legal custody of your children with 50/50 parenting time, you can make any major medical decisions without your ex. If your ex has sole legal custody and you... Read more »

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1 Answer | Asked in Domestic Violence, Family Law, Child Custody and Civil Rights for Oregon on
Q: If a judge in oregon is presented a restraining order thats from washington Do they have the option to uphold it or not

Mother removed children from oregon. Got restraining order for domestic violence and because children were being abused/neglected. Judge in oregon allowed father to violate order and virbal badger children and mother. Judge gave custody to father because of restraining order.

M. Nicole Clooten
M. Nicole Clooten
answered on Feb 21, 2019

There is a lot of information that is needed to provide a full answer. In general, Oregon restraining orders are only good if there has been abuse of one party by the other. The children are obviously involved, but a restraining order likely wouldn't be upheld if it is based on abuse of the... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: If I accept child support does it entitle the father to more visitation rights?

We do not have a court ordered visitation schedule but I limit him to when and where he can see our kids (due to a history of mental illness). If I accept child support that he is offering will he be entitled to standard visitation?

M. Nicole Clooten
M. Nicole Clooten
answered on Feb 1, 2019

The short answer is no. He would have to file with the circuit court to obtain court-ordered visitation.

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: How can I make my daughter laugh mother comply?

I have custody. Twice now my daughter has returned from her mother’s with head lice. I have told her what she needs to do take care of it and obviously hasn’t. What can I do to make her comply ? Also I told her my daughter will not go back until it’s taken care of , is that ok? She has my... Read more »

Jessica Larsen
Jessica Larsen
answered on Jan 31, 2019

Your hands seem to be tied in this situation. You cannot force your daughter's mother to do anything, unless it is stated in the judgment/parenting plan. If your judgment states that the mother must keep a sanitary home, you could file a motion to enforce the judgment, but that is not standard... Read more »

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Civil Rights for Oregon on
Q: If CPS illegally took my child can you sue at any time before or after trial?

My daughter was taken illegally before reasonable efforts were made and no imminent danger was present all before obtaining court order.

Have never signed a safety plan..also they never have been in my home. Have tried firing court appointed attorney the past 3 hearings since he refuses to... Read more »

M. Nicole Clooten
M. Nicole Clooten
answered on Jan 22, 2019

What was the basis of the action at the shelter hearing?

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: I have sole custody of my 2 sons with autism and want to move out of state without my ex knowing.

Both my boys have autism, and my youngest is mostly non verbal. Something happened over at his Dad's that caused my son to have PTSD. If I say "Dad" in ANY context (in any convo to others) he turns white and panicks. Sadly he can't tell me why. I was granted sole custody of them... Read more »

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jan 7, 2019

The answer depends on the terms of your judgment of dissolution of marriage. If it states you are required to give notice of your move, then you are required to give notice.

The decision whether to modify parenting time to permit the relocation of children hinges “solely on the best...
Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Oregon on
Q: If served a restraining order and what the petitioner said is not true. Along with pulling a 15 year old child into it
Vincent J. Bernabei
Vincent J. Bernabei
answered on Jan 3, 2019

A court may issue a Family Abuse Restraining Order “upon a showing that the petitioner has been the victim of abuse committed by the respondent within 180 days preceding the filing of the petition;” that "there is an imminent danger of further abuse to the petitioner;" and “that the... Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Oregon on
Q: I don’t want my child around my ex’s abusive boyfriend. No custody agreement is in order, only verbal. What can I do?

My child’s mothers boyfriend is abusive and has been arrested for strangling her before. I don’t want my daughter growing up around him, but I don’t have any court custody agreement what so ever. Just verbal agreements. What can I do?

Jessica Larsen
Jessica Larsen
answered on Dec 17, 2018

If no one has previously filed for custody, you may file a petition for custody with appropriate parenting time awarded to the other party. You can find pre-printed forms at the courthouse in your county. However, you should keep in mind that the court generally awards custody to the parent that... Read more »

1 Answer | Asked in Child Custody for Oregon on
Q: Can you go back to court ordered custody if the verbal agreement that was made is no longer working out

We have had a verbal agreement for about a year but now having issues with co parenting so wanting to go back to court order to make it easy

Daniel DiCicco
PREMIUM
Daniel DiCicco
answered on Dec 10, 2018

You're in a bit of a pickle. Yes, you can go back to the old plan, but also the other parent can object and you'll find yourself in litigation if he or she does. The court-ordered parenting plan is the only legally enforceable plan at this time.

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Can I move after I filed a petition for custody, child support and parenting time?

I filed for custody, parenting time and child support but have not received a response from the other party and nothing has been signed by a judge. Can I move 90 miles in same state for a new job opportunity and to be closer to my support system?

Daniel DiCicco
PREMIUM
Daniel DiCicco
answered on Dec 6, 2018

Indeed you may. However, the other party may move at any time for an order to restore the "status quo", which is the parenting time arrangement of the parties in the 90 days leading up to filing. You could find yourself with an order to return right back from whence you came, which could... Read more »

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: I am curious as to when I should file for custody. When I'm stable or now

Father took away visitation without good cause. I am currently not in the best stable jousing situation. But i want to see my son

Jessica Larsen
Jessica Larsen
answered on Nov 28, 2018

It depends largely on the situation. If you currently have a parenting plan and have established visitation, you can file a motion to enforce the judgment. This would allow the court to order the father to abide by the judgment and grant you your parenting time. If there is no judgment in place,... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Oregon on
Q: Can I deny court mandated visitations if I feel there's a threat of harm?

My 8 yr old daughter's father was in prison for 6 years for assault with a deadly weapon & strangulation of his pregnant (now ex) wife. He had not been in contact with my child for almost 7 years. He got out this year & came to Oregon to see her for a week. He convinced me & our... Read more »

Jessica Larsen
Jessica Larsen
answered on Nov 28, 2018

You can be held in contempt if you fail to abide by the parenting time established in your judgment. I think your best course of action if you believe your child is in danger is to file an immediate danger motion which could temporarily suspend parenting time until you are able to serve the other... Read more »

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