Gladstone, OR asked in Child Custody for Oregon

Q: parents file for divorce and custody the same week. does child stay with whichever parent has had custody so far?

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1 Lawyer Answer
Joanne Reisman
Joanne Reisman
Answered
  • Divorce Lawyer
  • Portland, OR
  • Licensed in Oregon

A: The court will prefer that the child continue to have the same living situation that was going on before the case was filed. This is called the "status quo". Sometimes there is a disagreement as to what the status quo is or was so there may need to be a hearing to figure that out. But it will be a lot cheaper if you agree that the child continues to live in the location and with the parent that they have been living with, and also agree to some plan for parenting time with the other parent. Many counties now have family mediation services that you can use to help come to an agreement on parenting time. It is always a good idea to have a private consultation with a lawyer before you file anything.

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