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Oregon Child Custody Questions & Answers

1 Answer | Asked in Family Law and Child Custody for Oregon on

Q: Does the father of a child need to give up his rights to the mom to help keep the grandparents from getting custody

Mother is 21 and lives in California, parent's are threatening to get custody, dad is 20 lives in Oregon and was told by her aunt that he needed to sign over all his rights to keep her parent's from getting custody.

M. Nicole Clooten answered on Jul 23, 2019

I would need a lot more factual background to answer this question. What contact have the parties had with the child? Where is the child currently? Who is the primary caretaker?

1 Answer | Asked in Divorce, Family Law and Child Custody for Oregon on

Q: Do I have to contact the other parent for a time to pick up his kid, if he does not call or text for his parenting time?

I’m amidst a divorce and last weekend (we have a ex parte temporary order of restraint-kids in my custody) he had our daughter for the weekend and our ten month old son he only kept for 1 1/2 hours of his 2. He was sleeping and my daughter answered the door for the 8 am, which was answered at... Read more »

M. Nicole Clooten answered on Jul 23, 2019

This is a tricky situation. On one hand, you do not want to be the parent who is not facilitating a relationship between the child and the father, but if he really wanted his time, he would be more communicative. He needs to be the adult in the situation and make the effort in my opinion. I... Read more »

1 Answer | Asked in Child Custody and Family Law for Oregon on

Q: I have a custody order in Oregon, I was awarded sole legal and sole physical custody. Other parent currently has

Supervised visits until she can get she completely out of her life. My question is on my custody papers am I allowed to move I remember I had check marked a box that said something along the lines of I don’t need to notify the courts or other party if moving more than 60 miles from other parent.... Read more »

M. Nicole Clooten answered on Jul 23, 2019

If the judge did approve that you do not have to give statutory notice, then you do not. The custody order in Oregon is valid in any state. You may want to register it as a foreign judgment in the new state. You would need to contact an attorney in the new state about that paperwork, but it is... Read more »

1 Answer | Asked in Child Custody for Oregon on

Q: What rights do grandparents have to their grandchild? How do they get custody?

My girlfriends parents (A) are talking about filing for custody to their son’s (B), kid(C) Citing drug use in (B) as reason. No criminal record on (B), just accusations from family , mostly. If CPS is notified, what are they gonna do? B,C, live along with c’s mother separate from A.

My... Read more »

Joanne Reisman answered on Jul 6, 2019

!. Biological Parents have the superior right to parent their children but if they are being neglectful DHS can take their children into protective custody. It would not be neglect for a parent who knows and admits they have a problem to place their child voluntarily with a another responsible... Read more »

1 Answer | Asked in Child Custody for Oregon on

Q: Does my child have to go to their father if something happens to me?

State of Oregon.

I am worried that if anything were to happen to me my child would go to their father. He has not been a part of their life but will not sign his rights over. I am married and my s/o has been here since before my child was born. Is there a legal way to make my child’s step... Read more »

Joanne Reisman answered on Jun 23, 2019

You can certainly nominate your husband to be the guardian and state some information in the nomination that will help the court know why. As your husband has had a significant role in your child's life he would qualify as a psychological parent and could petition the court to grant custody in the... Read more »

1 Answer | Asked in Child Custody and Family Law for Oregon on

Q: My dad was awarded custody of my son at 3. At 6 he moved back w/ me & has been living w/ me for 2 years, do I have right

When I was 19 my dad was awarded custody of my.son when he was 3. I got my life together and when my son turned 6 he moved back in with me. He has lived with me for over 2 years now can my dad still take him away from me whenever he wants do I have rights

Joanne Reisman answered on Jun 18, 2019

It sounds like you are in a good position to Petition the court to return your son to your custody. This would prevent your father from asserting his right to custody which he technically still has since the only court order at present gives him custody. But I want to caution you to speak to an... Read more »

1 Answer | Asked in Family Law and Child Custody for Oregon on

Q: Son does not want to go back to other parent

My son is refusing to go to the other parents. Other parent is custodial parent, as Oregon doesn't allow joint unless agreed upon.

Ask the other parent to do mediation with child, other parent refused. Ask for parent to come speak with child they the parent wont but is demanding their... Read more »

Joanne Reisman answered on Jun 12, 2019

If the other parent is the custodial parent you have a duty to return the child to them when your parenting time as stated in your parenting plan is done. You don't let the child decide, you put them in the car and drive them home. The other parent doesn't need to mediate with their own child,... Read more »

1 Answer | Asked in Child Custody for Oregon on

Q: if my child gets out of school early on the day i pick her up from school do i pick her up from school or from my ex?

my ex says that because she has a half day i am supposed to get her from her after the time that school would let out. i thought that once she dropped her off at school i would pick her up at school regardless of what time school got out

Joanne Reisman answered on Jun 4, 2019

The current terms of your parenting plan control if you and your ex can't agree. If it says "Friday after school" then you get to pick her up after school, whatever time that is. If it states a particular time, then maybe it isn't clear. If this is going to be an issue just go back to court and... Read more »

1 Answer | Asked in Child Custody for Oregon on

Q: Can my ex & kid move 60 miles away from her current residence, establish residence there, and then keep moving further?

I am the non-custodial parent, living in Portland (3 nights a week with our daughter) and my ex lives in Happy Valley (4 nights a week with our daughter). Happy Valley is 13 miles south of my residence in Portland. Can she move my child to Albany (which is technically 62.5 miles from Happy Valley,... Read more »

Joanne Reisman answered on May 23, 2019

If I were you I would file with the court some type of motion, probably asking the court to give you custody if the mother moves. That will get the issue back into court so you and the mother can go to mediation and get some clarification as to what custody and parenting time are going to be... Read more »

1 Answer | Asked in Family Law and Child Custody for Oregon on

Q: Can I move with my kids while my ex is in jail?

I have sole legal and physical custody of my kids. Their dad just got 6 months in jail for intimate harrassment and DUI (his 3rd total, he got 2 five years ago). I want to move 5 hours away to be closer to my family where I have more support. Can I do this without his permission?

Joanne Reisman answered on May 18, 2019

Assuming there is already a court order or judgment giving you custody and laying out a parenting plan (visitation) you need to read that order or judgment and see if there is any language in that document that discusses whether you can move or not. Typically these Judgments will say you can't... Read more »

1 Answer | Asked in Family Law and Child Custody for Oregon on

Q: Signed away my rights to my son as a baby. Now he's 17 and wants contact. His mom is against it. Can he choose?

Joanne Reisman answered on May 15, 2019

I am going to assume that there is no restraining order that prevents you from having contact with the boy or his mother. Generally speaking there is no law against him contacting you or any other human being on the planet for that matter. However there may be consequences which his mother will... Read more »

2 Answers | Asked in Family Law and Child Custody for Oregon on

Q: My aunt passed away and I need to obtain guardianship of my cousin who is 13. No will. No biological father.

Minor was receiving state benefits, don't know how to address social security benefits. He has an adult sibling that agrees with my husband and i having guardianship. Child is not doing well academically.

Joanne Reisman answered on Apr 15, 2019

You don't need to be appointed Guardian to contact social security and be appointed as the designated payee for the minor's social security benefits. SS will just require you to file a report once a year as to how you used the funds. You mention that the minor also receives state benefits so I... Read more »

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1 Answer | Asked in Child Custody and Child Support for Oregon on

Q: What should I do if mother had a stroke recently?

My youngest daughter will move with me full time until mother recovers which might be a long time. Should I file for child support from her?

Joanne Reisman answered on Apr 13, 2019

If you were ordered to pay support while the child lived with the mother then you definitely want to modify the support so you don't continue to be liable for payments while your daughter lives with you. That would involve also recalculating the support so yes, the mother may end up having to pay... Read more »

1 Answer | Asked in Child Custody for Oregon on

Q: Can a parent lose joint custody for not practicing visitation and not paying child support?

My ex wife and I share joint custody of our three children, but they live with me. It has been almost a year since she stopped following our parenting plan to have them every other weekend. She goes months without seeing them. She even changed her number and failed to tell me until months later... Read more »

Joanne Reisman answered on Apr 2, 2019

In Oregon, Joint custody is only by mutual agreement. Either parent can ask the court to stop joint custody and determine who has custody going forward at any time. So assuming your parenting time/custody order came from an Oregon Court, that would be the law. However if a court in another State... Read more »

2 Answers | Asked in Family Law and Child Custody for Oregon on

Q: I have 50/50 custody of my children. Can I vaccinate my child without my ex's permission, consent or knowledge?

Jessica Larsen answered on Feb 28, 2019

If you have joint legal custody of your children, legally you cannot make that decision without agreement from your ex. If you have sole legal custody of your children with 50/50 parenting time, you can make any major medical decisions without your ex. If your ex has sole legal custody and you... Read more »

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1 Answer | Asked in Domestic Violence, Family Law, Child Custody and Civil Rights for Oregon on

Q: If a judge in oregon is presented a restraining order thats from washington Do they have the option to uphold it or not

Mother removed children from oregon. Got restraining order for domestic violence and because children were being abused/neglected. Judge in oregon allowed father to violate order and virbal badger children and mother. Judge gave custody to father because of restraining order.

M. Nicole Clooten answered on Feb 21, 2019

There is a lot of information that is needed to provide a full answer. In general, Oregon restraining orders are only good if there has been abuse of one party by the other. The children are obviously involved, but a restraining order likely wouldn't be upheld if it is based on abuse of the... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Oregon on

Q: If I accept child support does it entitle the father to more visitation rights?

We do not have a court ordered visitation schedule but I limit him to when and where he can see our kids (due to a history of mental illness). If I accept child support that he is offering will he be entitled to standard visitation?

M. Nicole Clooten answered on Feb 1, 2019

The short answer is no. He would have to file with the circuit court to obtain court-ordered visitation.

1 Answer | Asked in Family Law and Child Custody for Oregon on

Q: How can I make my daughter laugh mother comply?

I have custody. Twice now my daughter has returned from her mother’s with head lice. I have told her what she needs to do take care of it and obviously hasn’t. What can I do to make her comply ? Also I told her my daughter will not go back until it’s taken care of , is that ok? She has my... Read more »

Jessica Larsen answered on Jan 31, 2019

Your hands seem to be tied in this situation. You cannot force your daughter's mother to do anything, unless it is stated in the judgment/parenting plan. If your judgment states that the mother must keep a sanitary home, you could file a motion to enforce the judgment, but that is not standard... Read more »

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Civil Rights for Oregon on

Q: If CPS illegally took my child can you sue at any time before or after trial?

My daughter was taken illegally before reasonable efforts were made and no imminent danger was present all before obtaining court order.

Have never signed a safety plan..also they never have been in my home. Have tried firing court appointed attorney the past 3 hearings since he refuses to... Read more »

M. Nicole Clooten answered on Jan 22, 2019

What was the basis of the action at the shelter hearing?

1 Answer | Asked in Family Law and Child Custody for Oregon on

Q: I have sole custody of my 2 sons with autism and want to move out of state without my ex knowing.

Both my boys have autism, and my youngest is mostly non verbal. Something happened over at his Dad's that caused my son to have PTSD. If I say "Dad" in ANY context (in any convo to others) he turns white and panicks. Sadly he can't tell me why. I was granted sole custody of them both in the... Read more »

Vincent J. Bernabei answered on Jan 7, 2019

The answer depends on the terms of your judgment of dissolution of marriage. If it states you are required to give notice of your move, then you are required to give notice.

The decision whether to modify parenting time to permit the relocation of children hinges “solely on the best...
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