Portland, OR asked in Family Law for Oregon

Q: My ex husband keeps txt me that hes waiving his rights to our 2 daughters. Is there anything I can do?

I have sole custody of our 2 daughters 9 & 10 yrs old. My ex was only granted every other weekend. He picks them up for his scheduled visits but is always txt me that hes waiving his right to them. Can he do that? And if he doesnt file paperwork is there anything I can do.? Its not the 1st or 2nd time he says it. But multiple times. Also, if our divorce agreement does NOT specify time & location to meet for weekend exchange, can he or I get in trouble for not meeting at the location we've been meeting for a few months now..??

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

A: Your ex isn't legally required to exercise his parenting time with his daughters. So if that is the issue and his flakiness is interfering with your ability to plan I would go back to court and get a modification that makes your life easier. For example you can modify the parenting time plan so he has no visits in his assigned weekend unless he notifies you X number of days in advance that he wants to exercise his weekend visits for that upcoming weekend. You would require any amount of advance notice but maybe 7 days would be a good idea so you can plan a week at a time.

I assume your question only has to do with your ex's visitations. He can't legally waive his responsibility to pay child support just in case you are wondering. That continues whether he exercises his visitation rights or not.

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