Q: Can my ex file for custody after i have had sole custody for 2yrs?
He wants me to change custody because his work wont let him leave if the kids had medical issues like hospital. So he said he has to have some part of custody for him not to be fired if something happened and he needed to leave work. I have had sole custody for 2 yrs which he agreed and he gets to have them on weekends during the day. Will a judge change custody and will be be able to file for it to be changed?
A: Extremely unlikely. A change of custody requires proof of a SUBSTANTIAL change of circumstances. Honestly I have never heard of an employer saying that in order to attend to a sick child and not lose one's job one has to have custody. I would suggest that you and he contact BOLI, Oregon's Bureau of Labor and Industries and get a handle on what the employment laws of Oregon have to say about this. This sounds more like an employment law issue. If there is something to his claim, although I doubt it, you could both file a stipulated parenting plan that clearly states that in times of an emergency sickness or illness father can equally participate in the child's medical care or something like that. Honestly non-custodial parents already have a lot of rights under Oregon State Law to participate in both the child's medical care and education. Share this law with your ex and tell him to share it with his employer: https://www.oregonlaws.org/ors/107.154
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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
