QUESTION
Did we use the proper wording in the custody paperwork or should we use the words sole custody instead of just custody?
Asked on Aug 14th, 2014 on Child Custody - Oregon
More details to this question:
The mother and I had joint custody of our 13 year old daughter. She is moving and agreed to give me full custody. The reason was to prevent her from switching schools in the future for the 6th time. We want this to be the final school change and her to not have decision making in schooling. She also switched from a 50/50 schedule to a one weekend a month schedule. We wrote up the paperwork ourselves and filed it. The wording is "Father shall have legal and physical care, custody, and control of the parties’ minor child". The paperwork has already been filed. Now I am worried that we left out "sole" and that it may be necessary. Is it necessary to have sole in there or is the wording pretty clear as it is to be legally binding in the future should she try to challenge it and get custody back?
1 ANSWER
No problem with the language you used. In Oregon custody proceedings, it is the court's job to grant sole custody to one parent or the other based on the "best interest of the child." The only way the parties can get joint custody is if they specifically agree to that language in the judgment for dissolution of marriage or custody, parenting time and child support. The language you used grants you sole custody of your daughter with specific parenting time to her mother.
Answered on Aug 18th, 2014 at 12:17 PM