Sheridan, OR asked in Child Custody, Child Support and Family Law for Oregon

Q: Can parents of the chid change agreed upon parenting days without custody? There is no court ordered custody agreement.

I currently live in Oregon. Father pays child support, but currently there is not custody agreement. Both parents were on a schedule with the child prior to the change. Mother was week days, and father was weekends. Mother changed parenting days to every other weekend. Does the father have any rights? Can the mother do this without a court order?

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

A: Parents have the right to Parent. No court order is technically required to determine custody or parenting time. The reason to go to court to get an order is to balance out the rights of the parents with the assistance of the courts. So yes, as a father you do have rights. That's why you might want to file to get court ordered custody and parenting time issues set out in a court Judgment. Because at that point if the other parent decides to spontaneous change things, it will be in violation of the plan the court ordered. The mother could of course file for an amended parenting time plan but the court may or may not agree to amend the plan. With a court ordered plan, you can include language that allows you both to modify details of the plan by mutual agreement without going back to court. This allows some flexibility so you can adopt the plan to changing circumstances in your lives, but by requiring mutual agreement there won't be any unilateral power plays.

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