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

Q: I’m attempting to get more parenting time (overnights specifically) and lower my exorbitant child support in Oregon.

My visitations were suppose to progress to more parenting time gradually; however, bio mom makes excuses as to why I can’t visit at certain times. My work schedule varies each week and I attempt to give 24 hr notice of my desire to visit, but often get denied by bio mom. How can I present this to a Judge and be granted my God given Constitutional right to co-parent my child. She’s a year old and it’s killing me not being able to be more active and present in her life. Not to mention the financial ruins I’m being forced into paying $1338 a month. I’m at risk of losing my home. Mostly due to child care ($1677) per month. Paternal grandmother has offered to watch our daughter for free to help bio mom and I both financially, but bio mom refuses. Please God help us. Our attorney only drained us of $7k and did nothing, so now we are proceeding Pro Se.

1 Lawyer Answer
M. Nicole Clooten
M. Nicole Clooten
  • Divorce Lawyer
  • Pendleton, OR
  • Licensed in Oregon

A: The main question that I have is whether there is an existing parenting time order or judgment. If there is and it specifically allows this parenting time, mother's refusal is a violation of that order or judgment. If there is not, you would need to file a petition to establish custody and parenting time to get one in place. The Department of Child Support will only establish child support, not parenting time.

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