QUESTION

Would a child starting kindergarten be grounds for custody modification?

Asked on May 08th, 2014 on Child Custody - Oregon
More details to this question:
We have a custody agreement of joint 50/50 parenting time. However, the other parent is very difficult to deal with and never wants to work together. It's either her way or it's going to be a big huge fight. She is not a very good mom, only wants to be a mom when it is her benefit but loves to make it look like I'm a horrible father and keeping our son from her, which I have never done. I want to know if a child is going to enter into school (kindergarten), if that is grounds for a modification. We split days during the week but she works nights and I would like to have him on school nights to make sure he is going to bed at a good time and is ready for school.
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1 ANSWER

Family Law Attorney serving Redmond, OR at Oliver & Duncan
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In Oregon, a Court can only order "joint" custody on a minor child when both parents agree to joint custody. If one parent does not agree to joint custody, the Court acn only enter a judgment for "sole" custody to one parent or the other with the selection to depend on "the best interst of the child(ren)." Once the Court has entered a judgment for "sole" custody, the only way custody can be changed is for the party wanting the change to be able to show that there has been a "material change in circumstances" since the sole custody judgment was entered. This can be something like one party got arrested for selling drugs, or a party got injured in a car accident and is now unable to walk. On the other hand, when you have a joint custody judgment, the "material change in circumstances" can be "we no longer agree to joint custody." At that point you can argue that the agreement broke down because one parent is not keeping to the agreed parenting plan or that it is bad for the child to try to go to school when he or she is alternating between the parents' homes on a week-to-week basis. In order to change the joint custody plan, the party wanting the change must file Motion for Order to Show Cause for Modification of Custody with the Circuit Court in the County where the original judgment for joint custody was entered. If the forging fits your situation, you should contact a local attorney.
Answered on May 08th, 2014 at 7:09 PM

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