Albany, OR asked in Child Custody for Oregon

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?

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1 Lawyer Answer
Joanne Reisman
Joanne Reisman
Answered
  • Divorce Lawyer
  • Portland, OR
  • Licensed in Oregon

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

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