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  1. #1

    Default Child Custody Questions In Oregon

    If there isn't demonstrable physical abuse, is there no other way to show the fitness of a parent?

    If there is currently an order for Joint Physical and Legal Custody from another state, but both parents are currently living in the same state (Oregon), does the custodial parent have the right to remove Joint Physical and/or Legal Custody on a whim? What sort of proof must he/she need?

    What type of precedence or possibility is there for the non-custodial parent to get more physical custody if the custodial parent is hostile, continually breaks parenting the plan, and the children are not thriving?

    Finally - does anyone know whether it is actually permissible to use video or audio recordings in court in the state of Oregon, when it pertains to family law? (ie - demonstrating the demeanor or verifying testimony?)

    Thank you for your assistance.

  2. #2
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    Default Re: Child Custody Questions In Oregon

    "If there isn't demonstrable physical abuse, is there no other way to show the fitness of a parent?"
    Police records showing drug activity/driving while intoxicated/driving w/out baby seats, etc.

    "If there is currently an order for Joint Physical and Legal Custody from another state, but both parents are currently living in the same state (Oregon), does the custodial parent have the right to remove Joint Physical and/or Legal Custody on a whim? What sort of proof must he/she need?"
    Not sure what you're talking about - parents do not remove custody orders - judges do. Parents are entitled to file documents with the court to ask for modification of custody/visitation when the parent feels the change is in the best interest of the child.

    "What type of precedence or possibility is there for the non-custodial parent to get more physical custody if the custodial parent is hostile, continually breaks parenting the plan, and the children are not thriving?"
    If one parent is in violation of the court ordered parenting plan, then the other parent needs to file a motion with the court asking the violations stop. the court can sanction the violating parent and change custody agreements if needed.

  3. #3

    Default Re: Child Custody Questions In Oregon

    "If there isn't demonstrable physical abuse, is there no other way to show the fitness of a parent?"
    Police records showing drug activity/driving while intoxicated/driving w/out baby seats, etc.
    What if she was driving drunk without the kids in the car? We have a recording of her doing this. Do we hang on to it until custody eval? Or how do we best use it? (No police records, just our evidence.)

    "If there is currently an order for Joint Physical and Legal Custody from another state, but both parents are currently living in the same state (Oregon), does the custodial parent have the right to remove Joint Physical and/or Legal Custody on a whim? What sort of proof must he/she need?"
    Not sure what you're talking about - parents do not remove custody orders - judges do. Parents are entitled to file documents with the court to ask for modification of custody/visitation when the parent feels the change is in the best interest of the child.
    Right. She has filed an order for sole custody. Seven months ago she agreed to joint physical custody if the father moved to her state and gained residency. As soon as he gained residency, she was ready with the motion to move to sole custody. What is your advice to counter this? What does she have to do to prove this is in the best interest of the children?

    Also - in your opinion - what bearing will the children not meeting expectations in school and with head start child development guidelines have on the CP trying to seek sole custody/remove joint physical custody?

    Keep in mind - the parents have never actually had "joint physical custody" - the mom has filed a motion for a Status Quo order with the order to move to sole custody right when the father became eligible for joint physical. She has no problem letting the father see his children - we believe it is support-related.

  4. #4
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    Default Re: Child Custody Questions In Oregon

    Quote Quoting Lara Zhivago
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    What if she was driving drunk without the kids in the car? We have a recording of her doing this. Do we hang on to it until custody eval? Or how do we best use it? (No police records, just our evidence.)
    1. I do not know if the recording is admissable(sp?) in your state.
    2. A recording is not proof of drunk driving - only a valid breathalizer or blood test can do that.
    3. Even convicted drunk drivers are not punished by losing custody of their kids.

    Quote Quoting Lara Zhivago
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    She has filed an order for sole custody. Seven months ago she agreed to joint physical custody if the father moved to her state and gained residency. As soon as he gained residency, she was ready with the motion to move to sole custody. What is your advice to counter this? What does she have to do to prove this is in the best interest of the children?
    1. Is the agreement of seven months ago in writing? If not then it is the father's word against the mother's - useless.
    2. If it is in writing then the Court will weigh that heavily in favor of the father. But hopefully it is not just e-mails or something that are very easy to alter/forge!
    3. She is entitled to file for sole custody - so is he. NEITHER parent will get 100% physical custody of their child unless the other has done something heinous. Even people in prison can be allowed supervised (obviously) visitation with their own children.
    4. Best interest of the child is usually the status quo as set at the original hearing. All you need to do is show a change in circumstances - for example, father used to live hours away and now lives within 20 miles.
    5. It is not so much you have to prove that you are the better parent - more that you have to show the other parent has demonstrated something that should limit their time with the child. BUT it has to be something VALID - not emotional but fact.

    Quote Quoting Lara Zhivago
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    Also - in your opinion - what bearing will the children not meeting expectations in school and with head start child development guidelines have on the CP trying to seek sole custody/remove joint physical custody?
    None. Unless the child had already demonstrated they do great in school when not with the CP. Maybe the kid just isn't that bright. Sorry, but pinning that on the CP is not only unfair, but petty.

    Quote Quoting Lara Zhivago
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    Keep in mind - the parents have never actually had "joint physical custody" - the mom has filed a motion for a Status Quo order with the order to move to sole custody right when the father became eligible for joint physical. She has no problem letting the father see his children - we believe it is support-related.
    Comments like that are best left unsaid. You have zero proof of this. ZERO. When the father goes to court he needs to let the evidence speak for itself. The judge will be able to see (without his help) IF the mother is using the kids for support $$.

  5. #5

    Default Re: Child Custody Questions In Oregon

    1. Is the agreement of seven months ago in writing? If not then it is the father's word against the mother's - useless.
    2. If it is in writing then the Court will weigh that heavily in favor of the father. But hopefully it is not just e-mails or something that are very easy to alter/forge!
    3. She is entitled to file for sole custody - so is he. NEITHER parent will get 100% physical custody of their child unless the other has done something heinous. Even people in prison can be allowed supervised (obviously) visitation with their own children.
    4. Best interest of the child is usually the status quo as set at the original hearing. All you need to do is show a change in circumstances - for example, father used to live hours away and now lives within 20 miles.
    5. It is not so much you have to prove that you are the better parent - more that you have to show the other parent has demonstrated something that should limit their time with the child. BUT it has to be something VALID - not emotional but fact.
    The custody arrangement was in the divorce decree/custody order as Joint Legal Custody, with the mother retaining primary custody unless the father moved to the same state and became a resident... upon which time he would get Joint Physical Custody.

    Unfortunately, no joint physical custody schedule was written into the original custody agreement, and the mother is not cooperative. She has been blocking the father's legal access (fortunately when she retained her attorney she was instructed to stop, and has so far complied). She does not want to give the father any more custody time... which begs the question, when she agreed to joint physical custody just last year, what did she envision that would look like?

    I am not questioning her right to *file* for sole custody; but of course we're wondering on what grounds she might be able to win sole custody?

    As to your reference the kids might just be stupid... thanks by the way... the 10 year old was a B average student in Utah while living with her father, and is now "not meeting expectations" in all her subjects. The 3 year old can work a computer almost as well as an adult and seems to be quite bright, but according to an in-home visit made by a someone from a state-funded early development program, he is not passing in 90 different areas of development.

    With this information, is it likely the father will be able to keep the joint physical custody, and will the judge/court help him set up a schedule?

  6. #6
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    Default Re: Child Custody Questions In Oregon

    I give up - you only read what you want to read
    Go pay a lawyer.

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