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.

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1 Lawyer Answer
Joanne Reisman
Joanne Reisman
Answered
  • 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

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