Oregon Child Custody Legal Questions

First off, was the original dissolution judgment entered in Oregon? I am not licensed in Washington so I am not qualified to respond if it is a Washington case. If it is an Oregon case, I am assuming that you were awarded sole custody of both chilren with Dad to have specified parenting time and to pay support pursuant to the Oregon Guideline Child Support formula. If this is the case, you can bring an Order to Show Cause Re: Modification of Parenting Time in the court that entered the original judgment, but you would have to be able to allege and prove that there has been a "material change of circumstances" that merits a change in the original order. While the facts of the alleged change would govern the outcome of the motion, in general judges are very leery of cutting off a parent's visitation entirely absent a clear showing of danger to the kids or abusive behavior by the parent whose time your are seeking to limit. As to the ability of the kids to speak with the Judge, we have had cases in which the Judge spoke with the children in chambers, both with counsel present and without, but the parents are excluded to keep from putting the kids in the position of being forced to alienate at least one of their parents. In such a case, the Judge will listen to the kids but may not rely entirely upon what they say to make a decision.... Read More

While you could file an Order to Show Cause Re: Modifying the parenting plan to zero time for the absent parent, you would have to serve him with the papers. If you cannot find him, you cannot serve him except with service by publication. That would require you to publish the service documents for a full month in a newspaper of general circulation in the last county in which you knew he lived in. If he was living in a large community (Portland, for example) that can get expensive.... Read More

Without a court order, both natural parents would be able to assert equal rights to the care, custody and control of the child and the cops would have no basis to deny custody to either parent. What you need to do is hire an attorney to file and serve and OCS Re: Filiation, Custody, Parenting Time and Child Support with the court in the county in which you and the child have lived for at least the last six months. The next question is, do you know where the other parent lives (specific address)so your attorney can get him or her served with the OSC? In the process of filing for the OSC, your attorney can also get a Status Quo order that keeps the child with the parent with whom the child has been living on a regular basis (in your case for the last three years).... Read More

If neither party has initiated a filiation or custody action in the county in which you and the child have resided for at least the last six months, there is nothing preventing you from leaving with the child. The problem with doing that is the father can bring an action to determine that he is the natural father of your daughter (that is the filiation part) and seek custody and/or parenting time. Once that case is filed and the papers are served on you wherever you are, you would have to return to Oregon and appear in that custody action or risk losing custody of your daughter to a default judgment in favor of the father. Also, in reaching a decision on custody, the Court could hold it against you that you left the state with your daughter without giving her father any notice of your intent to do so. On another point, if your daughter's father has subjected you to domestic violence or the threat thereof, you can go to the courthouse and seek a domestic violence restraining order (FAPA Order) against him which would be issued within one day without the need to serve the father before the order was issued. To get a FAPA order, you would have to allege that he either assaulted you or did things within the last 180 days that placed you in a reasonable fear of grave bodily harm. If you do go this way, there will be someone at the courthouse who can assist you in filling out the forms and getting them before a judge. One the FAPA order (which would include a temporary custody order) is issued, he would have 30 days to file a request for a hearing so he could contest the facts you assert in your initial motion for the FAPA order. If actual or threatened domestic violence is not a factor in your relationship, your best course is to go see a lawyer who does domestic relations cases.... Read More

Technically, yes, but that's probably not a good idea. While both parents would normally have the authority to move the child to another location in the absence of a court order, the state that has jurisdiction over the child is the state where the child has lived for the last six months. Thus if you remove the child from the state, the other parent can file an action for custody that seeks an order for the return of the child and the court will likely grant that motion ASAP. From then on, the court would likely see you as someone who was trying to steal the kid from the other parent.... Read More

You need to be able to prove to the judge that your intended move is the best thing for your children. You will need to research jobs, schools, and houses before moving. Also, you will need to show that the move won't substantially interfere in their father's relationship with the children. These are always difficult cases so you have to be prepared in advance.... Read More

You could contact the Dept. of Justice, Child Support Division, and they will initiate a child support proceeding against him and find him. If your husband has a driver's license, DMV may have his current address. The court may allow you to notify him by mail at his last known address. There are other options.... Read More