QUESTION
How difficult will it be seeing as she has been the one with sole physical custody for several months?
Asked on Mar 03rd, 2017 on Child Custody - Oregon
More details to this question:
I'm asking a question for my partner. The mother of his three year old moved several months ago with the child and won't let him have time with the child unless he goes out there and stays for the weekend. He has never harmed either one of them and is a great parent with a stable income and the means to provide for his daughter. Should he go for full custody? She won't allow him to even take her for the weekend. He has been doing nightly video calls with his daughter and going out there every weekend he can but it is becoming difficult and adds stress to him spending time with his daughter when he has to stay out at the mother’s place. What's the best route to go in this situation?
1 ANSWER
The main issues here appears to be whether or not there is a specific judgment or court order establishing custody, parenting time and child support in a court action that was brought by one of the parents after they separated. If they were not married and they just separated with no specific court order, I would expect the mother to have kept the three-year-old child and entered into an informal agreement with the father for his parenting time. If there is no history of domestic violence or other bad behavior by the father, then the mother?s refusal to agree to a reasonable parenting time would be grounds for awarding custody to the father. On another point, if there is a court order for custody, parenting time and child support, and that order provides for a specific parenting time schedule for the father, the mother?s refusal to abide by that schedule would be grounds for changing custody and enacting a new parenting plan. I believe your partner needs to consult with a local lawyer in your area and bring along whatever court documents he has to that meeting.
Answered on May 21st, 2017 at 7:17 AM