QUESTION

What I should do if I get my daughter every Friday at 11 but in a in text, mom is refusing to bring her this weekend?

Asked on Jul 14th, 2014 on Child Custody - Oregon
More details to this question:
I have joint custody of my daughter and in our parenting agreement, I have her every Friday from 11 to Sunday at 6. I got a text saying she doesn't care what I say and that she's planning on keeping her this weekend. She is already on probation and broke half the agreement. She would be in contempt.
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1 ANSWER

Family Law Attorney serving Redmond, OR at Oliver & Duncan
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Save that text message. As it happens, the only basis for "joint custody" in Oregon is when the parties agree to that ruling and continue to agree during the child's minority. While she would be in contempt for refusing to follow the agreement, you would be better off trying to work with her for a while to see if she is going to follow the agreement most of the time or if she is asserting parenting time above and beyond what the agreement says. Once you have a pattern of her violations of the agreement, retain counsel, file an OSC re Modification of Custody and have her served. Under a "normal" custody order, one party gets sole custody, the other party gets parenting time on a specific schedule and child support is calculated based on the number of overnights the non-custodial parent gets along with the parties' respective incomes. Under the sole custody rules, if the non-custodial party wants to ask the court to change custody or any other aspect of the original judgment, he or she has to show that there has been a "material change in circumstances." On the other hand, if you want to change a joint custody order, the "change in circumstances" you have to allege is nothing more than "we don't agree any more."
Answered on Jul 15th, 2014 at 11:30 AM

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