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

Q: Need to file a motion to modify parenting time (specifically to overnights) and lower child support in Washington Co OR

There is a Judgment entered that I never agreed to or signed granting only visitation 3 days per week for 1.5 hours each time. 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
Joanne Reisman
Joanne Reisman
  • Divorce Lawyer
  • Portland, OR
  • Licensed in Oregon

A: It sounds like you are still following the parenting plan for a new born. At one year of age you should be able to take your child for overnight visits. You will need to pin down a consistent day on which you get your overnight visit however as it is just too hard for the other parent to constantly adjust their schedule and the child care schedule to your schedule. So I would first figure out a way to lock down at least one day a week that you will consistently have free to spend with your child and this file a motion to modify the parenting time so you have your child for at least one day and one night every week. As for the child care, that sounds high and you don't have to pay 100% of the cost as it should be shared pro-rata with the other parent. It would help to work with an Attorney to get this set up and unfortunately that will cost you some money but you might be able to find an Attorney that you can work with better if you shop around.

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