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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
