Roseburg, OR asked in Family Law and Child Custody for Oregon

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

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1 Lawyer Answer
Jessica Larsen
Jessica Larsen
Answered
  • Divorce Lawyer
  • Salem, OR
  • Licensed in Oregon

A: 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, you can file for custody. Custody is evaluated by several factors; courts give a lot of credit to the parent who has been caring for the child and meeting their day-to-day needs the majority of the time. Courts will also evaluate the child's relationships with other family members, abuse factors, and the willingness of each parent to encourage a relationship with the other. Housing can be a factor in some situations, but only if it is causing or may cause physical or emotional damage to the child. Please contact an attorney if you have more questions or to get more specific answers.

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