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 order for me to have to stay in oregon and not take my son out of state. The father has only seen our son 4 times in 4 years, he doesnt financially support him in anyway and has not paid child support and until now has not been interested in anything to do with our son. Their is a history of abuse and a protection order that was filed against him as well as child support that has has never been paid. I was also granted sole custody of our son. My parents are the reason he filed and are assisting him with everything in an attempt to keep me in oregon. Im seeking any kimd of information that can help me in this case, also looking for assistance in getting legal representation and financial aide
A: 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," and the judge signed it, the court can prevent you from moving with the children until further order of the court. You can request a hearing on that order. In any event, make sure that you respond to the custody petition within thirty days of being served, or you risk being found in default. For legal representation, contact the Oregon State Bar Referral program, the number should be in the notices on the petition.
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