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Oregon Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: What can i do if non custodial parent won't return child at end of court agreed upon visitation time in oregon.

Police have gone with me but she refused to open door so they told me it is a civil matter.

Joanne Reisman
Joanne Reisman answered on Mar 27, 2020

This is typical of the police but sometimes they are much more helpful if you have a certified copy of the Judgment and parenting plan which leaves no doubt that you are entitled to have the child at that point. There can still be a problem if it isn't clear that you get the child at that time.... Read more »

1 Answer | Asked in Child Custody for Oregon on
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... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 25, 2020

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... Read more »

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: My child’s mother and I are unmarried. After paternity is established (DNA TEST), how is custody established?

She is still legally married but separated from her husband, we plan to get me recognized as the father through CHS DNA testing- But when and how do I obtain rights for visitation/custody? Is it automatically granted or do I have to pursue it in court? I live in Ashland, Oregon

Joanne Reisman
Joanne Reisman answered on Mar 21, 2020

Paternity when the mother is still married to another man can be tricky. I suggest you read this statute and talk to an Attorney. https://www.oregonlaws.org/ors/109.070 You don't have any rights to custody or parenting time until paternity is established.

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Can I move out of the country to mexico with my 10 yr old daughter to assist my mother who is recovering from a stroke?

I live in Oregon and have a custody agreement with my 10yr olds Birth dad, the parenting plan grants me sole custody and has her spend time with her BD every other weekend Sat 10am-Sun 7pm, with all holidays, summer, and special days included in the plan to be shared. To give a quick back story... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 3, 2020

Impossible to answer without reading all the terms of the parenting plan. Most custody parenting plans includes a clause that requires notice to the other parent before moving 60 miles. Even if your plan doesn't have that requirement the father could still object. Ideally you talk to the father... Read more »

1 Answer | Asked in Child Custody and Divorce for Oregon on
Q: My wife left me and my son a few months into our marriage but she won’t sign the divorce papers how can I get divorced

I also have our son (3) and have been taking care of him full time and want custody but I’m not on the birth certificate due to emergencies in the hospital, our son was flighted and my wife couldn’t go so I went with him and missed signing it how can I get full custody. She’s been gone and... Read more »

Joanne Reisman
Joanne Reisman answered on Feb 21, 2020

I think there is a presumption that you are the legal father since you were married to the mother. You can probably file for a divorce and include allegations to establish your paternity as well. It's a bit tricky and the on line forms probably aren't set up to do this, so get an Attorney to... Read more »

1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: I'm turning 17 in the next couple of months and I am getting emotionally abused, I have a job, am I able to move out?

I have depression also and my parents just harp on me and I have gotten to the point that I cannot handle it anymore because I am starting to get bad grades, and I no longer can see friends because of it. It has been happening for 5 years now and I cannot handle it anymore

Joanne Reisman
Joanne Reisman answered on Feb 21, 2020

I think every 17 year old feels a mixture of hormones and depression that makes life challenging at that age. You are still legally a minor with no rights to contract so you can't rent an apartment among other things. Getting good or bad grades is something you can control so I would focus on... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
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... Read more »

Joanne Reisman
Joanne Reisman answered on Feb 20, 2020

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... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
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... Read more »

M. Nicole Clooten
M. Nicole Clooten answered on Feb 20, 2020

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... Read more »

2 Answers | Asked in Family Law and Child Custody for Oregon on
Q: My son's father has sole custody. He uses drugs everyday. How do I get the court to order a hair follicle test?

I can't afford an attorney, but can afford to pay for the hair follicle testing of drugs. I would also like to pay for my own hair follicle test to be used in court.

M. Nicole Clooten
M. Nicole Clooten answered on Feb 7, 2020

In order to file a motion for a hair follicle test, you would need to file for a modification of custody. You would file a separate motion for a hair follicle test, typically after the order to show cause is signed depending on the facts of your case. Keep in mind, the other party has to have an... Read more »

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1 Answer | Asked in Family Law and Child Custody for Oregon on
Q: Is my motion granted?

Hood river Oregon. I filed a motion for prejudgment temporary order in a custody case.

A few days ago the lady at the courthouse gave me a packet of papers to serve to my wife and on the front page is an order to show cause and on it it says the motion is granted with the Box check... Read more »

Joanne Reisman
Joanne Reisman answered on Feb 2, 2020

I suspect the motion that was granted was your motion for an order to show cause. In other words, you made a motion to ask the court to set a hearing date and the motion was granted and a hearing date is not set. That's all you have accomplished so far. The hearing date is the opportunity for... Read more »

1 Answer | Asked in Child Custody for Oregon on
Q: In oregon does the noncustodial parent have to disclose who is providing care for the child if the parent is not?

My soon to be ex is refusing to disclose who is providing care for my child while he is at work and refuses to tell me where she is.

Joanne Reisman
Joanne Reisman answered on Jan 25, 2020

Normally this information would be shared but sometimes there is a good reason not to. The court would have the final say.

1 Answer | Asked in Child Custody for Oregon on
Q: rights of DHS Children's Services to remove a child out of his grandmother's Care on an accusation without a warrant

We need to know what the next step would be for the parents to going to court today and get the child back

Joanne Reisman
Joanne Reisman answered on Jan 24, 2020

DHS does have the power to remove a child if there is an issue that involves the child's care or safety. The child's parents absolutely have the right to go to court and find out what is going on. They can either hire their own Attorney or the court will appoint one on request. The child is also... Read more »

1 Answer | Asked in Divorce, Child Custody and Juvenile Law for Oregon on
Q: Can a noncustodial parent sign dmv forms for my 16 y/o stepson to get his driver's license in Oregon?
Joanne Reisman
Joanne Reisman answered on Jan 19, 2020

You will need to ask he DMV. But you are a step parent and not either a custodial or non-custodial parent. To save on being hassled just have one of his parents go with him. I don't think DMV cares who has legal custody.

3 Answers | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: What can I do as a pregnant teen, if the father of my child wants to sue me for full custody of our unborn child?

His reasoning is because he doesn’t want our child around their grandfather who has some sort of dementia or something like that at the moment because it could get hostile, but I do not think that he would be able to manage taking care of a child and a job and many other responsibilities that he... Read more »

M. Nicole Clooten
M. Nicole Clooten answered on Jan 17, 2020

The first question that I have is how old is your boyfriend? There could be some criminal liability on his part. Each parent has a claim to custody of the child, but the court gives a lot of weight to the primary caretaker of the child. Obviously there is no primary caretaker at this point, as... Read more »

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1 Answer | Asked in Child Custody for Oregon on
Q: could i file for temporary immediate custody if the other parent is now following the parenting plan? joint custody file

the plan states to do breast milk and if needed formula but i have text proof that we agreed on only breast milk, and formula if he ever ran out. he refused to take the breast milk for this week and is all of a sudden switching the child to formula, which is not good for my child's stomach. we have... Read more »

Joanne Reisman
Joanne Reisman answered on Jan 15, 2020

It isn't clear whether the parenting plan you refer to is something that is already ordered by the court or just something you two agreed to informally. When a child is young and still nursing typically the court doesn't order over night visits with the other parent but rather just short day visits... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Oregon on
Q: What are the laws regarding abuse of process and frivolous subpoenas?

Me and several people are being subpoenaed by the opposing party in regards to guardianship of a minor. Several of which have either passed away or haven't even associated with the involved parties enough to warrant a satisfactory reason for the subpoena. The opposing party requesting all the... Read more »

Joanne Reisman
Joanne Reisman answered on Jan 7, 2020

If the subpoena is truly frivolous you can file a motion to quash the subpoena and explain to the court why you think this is frivolous. Just because subpoena's are being issued doesn't mean that they will be served. In Oregon the party serving the Subpoena has to tender a check for a fees to... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: I was served a motion to modify my divorce papers and child support from my ex in the state of Maine. I live in Oregon

I need to respond but not sure if I can go through my local county court office or if I have to file online or over the phone with the court in Maine? I’d like to consult with a family lawyer.

Joanne Reisman
Joanne Reisman answered on Jan 4, 2020

Look at the paperwork. If it is all related to a proceeding in Maine then you have to respond in the court in Maine. But if it is Oregon assisting a child support case from Maine then you may be able to respond in Oregon, most likely asking for an administrative hearing. The paperwork should... Read more »

1 Answer | Asked in Child Custody for Oregon on
Q: Interstate Child Custody?

I'm a single mother of 1 year old twins. The father of the twins has done nothing to provide for his sons, never even texted to see how they're doing, and has only seen them about twice since their birth. I recently got the packet for child custody, however, I've heard that things work differently... Read more »

Joanne Reisman
Joanne Reisman answered on Jan 2, 2020

First of all you can go to the district Attorney in the county you live in and ask them to establish child support. They will do this for free. You can also file for child custody in the Oregon County you live in. You will just have to serve the papers on the father in California. Assuming that... Read more »

1 Answer | Asked in Child Custody and Child Support for Oregon on
Q: If the father has never paid child support does he have parental rights with no court order?

My son is two his father has never paid his child support and is now trying to get back in our lives. I believe this to be harmful to my son. Does he still have his rights?

Joanne Reisman
Joanne Reisman answered on Dec 29, 2019

Yes, he has the right to Petition the court to get visitation with his child. As part of any court order allowing visitation the court will also order child support. If you already have a child support order and he has not been paying, you can go to the local district Attorney and ask them to... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on
Q: Can parents of the chid change agreed upon parenting days without custody? There is no court ordered custody agreement.

I currently live in Oregon. Father pays child support, but currently there is not custody agreement. Both parents were on a schedule with the child prior to the change. Mother was week days, and father was weekends. Mother changed parenting days to every other weekend. Does the father have any... Read more »

Joanne Reisman
Joanne Reisman answered on Dec 16, 2019

Parents have the right to Parent. No court order is technically required to determine custody or parenting time. The reason to go to court to get an order is to balance out the rights of the parents with the assistance of the courts. So yes, as a father you do have rights. That's why you might... Read more »

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