QUESTION

What do we do if she is now hiding the child and will not let anyone on his side of family contact her?

Asked on May 12th, 2015 on Child Custody - Oregon
More details to this question:
His ex lives in another state. They both had legal/physical custody. In April, she said he was sick and there would be no birthday party. We did not go. Next day, Facebook has pictures of his birthday. Yesterday, we had an arranged pick up of the child to come visit for 2 weeks and we had been in contact for a month about it. We drove 6 hours to do this and she hid the child. She has no phone/computer and has blocked everyone on Facebook. What can we do?
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1 ANSWER

Family Law Attorney serving Redmond, OR at Oliver & Duncan
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In order to answer this question, we would have to know which state has jurisdiction in the case in which custody, parenting time and child support were determined. Unless a motion for change of venue has been granted by the original court, that court would have jurisdiction for anything concerning the child until he reaches age 18 (or age 21 if her continues to go to school through that age). I am assuming that an Oregon Court issued the original judgment and that it retains jurisdiction. In custody matters, the court can change the original judgment if there has been a material change in circumstances. If the child's mother has started to refuse to allow Dad to have his parenting time (or even any contact with the child), that would certainly qualify. In that case, Dad needs to retain counsel and get a Motion for Order to Show Cause Re: Modification of Custody, Parenting Time and Child Support filed with the Court. Once the motion is filed and the order is granted, the next step is to have the Mom in the other state served with the papers by the local sheriff in the county where she lives. Once she is served, she will have 30 days to file a response after which the Court will set a hearing to modify the judgment to provide for sole custody for Dad, supervised parenting time for Mom in Dad's county of residence in Oregon and child support payable by Mom under the standard child support formula. If Mom does not file a response, Dad will get custody by default and the local sheriff in Mom's county of residence would assist in recovering the child.
Answered on May 15th, 2015 at 1:31 PM

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