Portland, OR asked in Divorce for Oregon

Q: In oregon, how do we do the parental time if I will be moving out but can only afford to rent a room not an apartment

so I couldn't have the kids overnight until I can later find a suitable place to do that in the future. When I find a suitable I want them to stay with me perhaps 35 percent or so of the total time.

Related Topics:
1 Lawyer Answer
Joanne Reisman
Joanne Reisman
  • Portland, OR
  • Licensed in Oregon

A: Try to find a situation where you can have the children overnight if possible. If you parents live nearby and have a larger home perhaps they would host your weekends with your children and you would all visit your parents. The rest of the time you would stay at your rented room. Or look for a roommate situation where your children can stay over even if it means they sleep in the living room when they visit. Would your ex consider letting you stay at their place with the children on your weekend with the children and your ex leaves? Sometimes this works if your ex is in another relationship as they want time off to stay with their new romantic interest.

If none of these ideas work then perhaps you just plan on having day visits until you can find a better situation. I would write into the parenting plan that this is temporary and explain what your overnight visitation will be when you have a larger living space. Get this negotiated and written into the current parenting plan. The plan is likely to be every other weekend and longer visits over holidays. Generally there is a visit during the week but it isn't overnight. It may not add up to 35% of the overnights but you can see what you can do.

Of course you can come back to court and seek a modification when your living situation changes. But I think that discussing this now and expressly stating what is supposed to happen when you find better accommodations in the current plan is a good idea. Also I would still use as much time as possible to see the children even if they don't stay overnight with you yet. So if you have every other weekend but no place for them to sleep. Pick them up and spend the entire day with them on both Saturday and Sunday.

Tim Akpinar agrees with this answer

1 user found this answer helpful

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.