QUESTION

Does ex have a right to know if I'm dating or who the person is?

Asked on Sep 09th, 2016 on Child Custody - Oregon
More details to this question:
Can she keep me from moving in with someone or keeping that person away from our child? She is citing that she is entitled to this information and can make these decisions as our child's other parent.
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1 ANSWER

Family Law Attorney serving Redmond, OR at Oliver & Duncan
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If you and your ex are sharing joint custody of your child, she could legitimately claim that she does have a right to know who you are dating or living with to the extent that she is trying to rule out the possibility of any hazard to your child when you are with that new companion. If your new companion has children of her own who are well mannered and polite, any concerns raised by your ex-wife should be addressed and she should not continue to worry. On the other hand, if your new companion has a history of drug use, domestic violence or drunk driving, her concerns might be reasonable. The normal form of custody in Oregon is for the court to determine which parent should have sole custody of the child or children based on their ?best interest? as determined by the court based on evidence received at trial. Once the court determines custody in this manner, the other parent has parenting time as determined by the Court (usually under the Deschutes County Basic Parenting Plan) and gets to pay child support. Under this approach, the non-custodial parent is entitled to their visitation under the parenting plan but the custodial parent cannot interfere with the non-custodial parent's time with the child or children without violating the custodial terms of the judgment. If it turns out that the child or children are being harmed or stressed out by the actions of the non-custodial parent, the custodial parent should bring a motion to modify custody to limit the children?s exposure to any harmful influences. If your ex will not talk to you about these matters or refuses to consider what you have to say, you should consult with an attorney for further advice.
Answered on Sep 29th, 2016 at 6:40 PM

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