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Oregon Child Custody Questions & Answers
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... View 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... View 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... View 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... View 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... View 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...
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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... View 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... View 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... View 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,... View 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... View 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... View More

1 Answer | Asked in Child Custody and Family Law for Oregon on
Q: I just won custody of my daughter this morning. Can I have her live with my mother until I get our home next month?

I won’t be living there but will be with her everyday

M. Nicole Clooten
M. Nicole Clooten
answered on Nov 19, 2018

If you are the sole custodian, that means that you make the decision as to where the child lives. However, you want to be careful about the amount of time you are not with the child, because being away that long could reflect poorly in future proceedings if there are any. Additionally, if there... View More

2 Answers | Asked in Family Law and Child Custody for Oregon on
Q: I am a noncustodial parent. Can I take child out of county during my parenting time without permission if give notice?

court ordered parenting time says must give ADVANCE written notice and provide location information IF INTEND TO TAKE OUT OF LANE COUNTY OREGON DURING VISIT. Does not say permission by custodial parent required. Just must report location and contact info.

Joanne Reisman
Joanne Reisman
answered on Oct 31, 2018

You would need to have an attorney look at and interpret your entire parenting plan to give you a specific answer. But from the limited info you gave it sounds like giving notice and location info is all the required. Generally speaking you should always let the other parent know where you and... View More

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1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: how do i get my daughter back, when courts and police wont help

my ex has taken my 10yrs without my permission. he is not listed on birth cert. no father is listed, i was married at the time. the police wont help they say its civil issue. courts wont help because he is not on birth cert. i have given him time with her in the past. just because i recognized him... View More

M. Nicole Clooten
M. Nicole Clooten
answered on Oct 30, 2018

This is a tough problem that I have seen in the past. If he is not on the birth certificate or otherwise legally established as the father, he is likely committing kidnapping. The police should help. Ask to speak to a supervisor or the captain of the police department and explain what is... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: We have full custody now my step son's mom wants full custody how does it look for us?

She allowed him to accidentally ingest pot brownies and didn't take him to the hospital which is why she doesn't have joint custody anymore. As well as she lives 5 hours away. She doesn't pay child support and only calls two times a week for 5 minutes. Now she wants to file for full... View More

M. Nicole Clooten
M. Nicole Clooten
answered on Oct 30, 2018

In order to change custody from one parent to the other, the moving party has to prove that there has been a substantial change in circumstances. From the facts you have given, that seems unlikely. I would need to know a bit more about the facts and background, but it generally sounds like she... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: How do I get an immediate danger order against me dismissed in the proper steps/forms

I'm involved in a custody case with my ex whom got an immediate danger order against me and I can not see my children. I was arrested for shop lifting without my children present and he filed while I was in custody and had me evicted because we had been room mates and I wouldn't move out... View More

M. Nicole Clooten
M. Nicole Clooten
answered on Oct 30, 2018

You will need to file a request for hearing, which should be available online. The burden of proof for the moving party will be whether the child or children were in imminent danger of further abuse at the time of filing.

1 Answer | Asked in Family Law, Child Custody and Child Support for Oregon on
Q: violating parenting plan, fraudulently collecting child support

I have paid child support for two years and we had a court ordered parenting plan with joint custody. She has blocked all contact with me, last i knew she put my daughter with her grandparents and has my son (collecting child support for both), but refuses to contact me or let me see either child.... View More

Jessica Larsen
Jessica Larsen
answered on Oct 23, 2018

You want to file a Motion to Enforce the Parenting Plan. This will allow a judge to review your judgment and the evidence to determine if your ex violated the parenting plan. If the judge finds that she has, he can order her to resume contact and visitation. He can also require that the children... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Can my ex's parenting time be revoked if he continues to forget to get our kid from school on time? This is 2x / 4 wks
Jessica Larsen
Jessica Larsen
answered on Oct 3, 2018

It depends. If a consequence for forgetting the child is imposed in your parenting plan, that is enforceable. However, if the parenting plan does not provide a consequence, you cannot deny your ex his parenting time without consequence to yourself. Your only options in this matter are to file a... View More

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Can biological father be granted full custody of our son if he hasnt been involved in his life since birth?

I was in process of relocating to a different state and my parents and I agreed for my son to stay in their care until i was situated and had things in order. Than I was blind sided and found out they had got ahold of biological father and paid for him to fill out a petition for full custody in... View More

M. Nicole Clooten
M. Nicole Clooten
answered on Oct 2, 2018

It is very unlikely given the facts that he would have a shot at custody, unless you are an unfit parent, meaning you cannot be trusted to act in the best interests of your child. The court in family law cannot prevent you from moving, but if he filed a "Temporary Order of Restraint,"... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Oregon on
Q: I am divorced from my wife after succumbing to addiction for the first 5 years of my sons life. Now 2 years sober.

While I was out of state completely neglecting my responsibilities as a father she filed for divorce and sole custody. The order says I need 1 year of sobriety and to start paying child support. I have hair follicles for 2 years but I can’t afford the max amount I was charged with for child... View More

Jessica Larsen
Jessica Larsen
answered on Oct 2, 2018

You would need to file a Motion to Modify Child Support and Parenting Time. The court staff typically has self-serve packets that you can fill out and submit, or you can hire an attorney to start the process for you.

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