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  1. #1
    Join Date
    Feb 2010
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    2

    Question Custody and Visitation in Different States

    My question involves a child custody case from the State of:
    Oregon and California
    My boyfriend has a daughter that will be 2 in May. Him and the mother were living together in Oregon up until about May of 2009. Him and the mother split up and they remained to share custody but still have not got the courts involved. Him and the mother continued to share custody until the end of 2009. The father just moved out of Oregon to California for school and work at the beginning of 2010. At this point he is not sure what the correct way to go about this is.
    I would like to know the steps in order for him to get the courts involved so that custody can be determined. He would prefer his daughter to come visit him in California for the summers and holidays but is not sure what the regulation on age and out of state visitation. Is there an age minimum for a child to leave state to visit the other parent? Also, how would child support be determined?
    Lastly, he bought a brand new car for them both to use to carry the child around. After their seperation (no marriage involved) he has continued to let her use it. His and her name are both on the title. How would he go about either getting the vehicle back or crediting it towards child support?
    I am sure it is apparent I need a lot of advise so that I can assist my boyfriend to do what is legally correct here while obtaining a set visitating schedule. At this point the father has been going to Oregon monthly to visit his daughter. Unfortunately the mother has not been allowing the father to see her the entire time while he is in town. For example; he wanted to have his child for this entire stay throughout the Christmas holiday, the mother agreed and gave him their child upon arrival. However, as Christmas neared the mother Needed to have her daughter on Christmas Eve for a couple hours to share her with the family. The father allowed the mother to take the daughter for the couple hour time period but then never heard from the mother. She did not answer his calls or give him the courtesy of what was going on. Finally, Christmas night he drove over to her house in attempt to talk to the mother and left with no child. On the mother's terms, she called him later on and gave their daughter back to him for the remainder of his stay.
    It is terrible how this women controlling his time with his daughter especially because his visitations are limited.

    Any advise would help!
    Thanks!

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Custody and Visitation in Different States

    Quote Quoting Leyah
    View Post
    My question involves a child custody case from the State of:
    Oregon and California
    My boyfriend has a daughter that will be 2 in May. Him and the mother were living together in Oregon up until about May of 2009. Him and the mother split up and they remained to share custody but still have not got the courts involved. Him and the mother continued to share custody until the end of 2009. The father just moved out of Oregon to California for school and work at the beginning of 2010. At this point he is not sure what the correct way to go about this is.

    So he voluntarily moved further away, correct?

    As it stands, Dad has NO custody, period. Mom is the sole legal custodian.

    I would like to know the steps in order for him to get the courts involved so that custody can be determined. He would prefer his daughter to come visit him in California for the summers and holidays but is not sure what the regulation on age and out of state visitation. Is there an age minimum for a child to leave state to visit the other parent? Also, how would child support be determined?

    I'm sure he would prefer that. But, before we go further...how often has he actually seen his daughter lately? When was the last time he saw her?

    Child support will be determined using several factors. Have your boyfriend run the numbers through this calculator:

    http://dcs.state.or.us/calculator/

    Lastly, he bought a brand new car for them both to use to carry the child around. After their seperation (no marriage involved) he has continued to let her use it. His and her name are both on the title. How would he go about either getting the vehicle back or crediting it towards child support?

    It's not going to be credited towards child support. Period.

    I am sure it is apparent I need a lot of advise so that I can assist my boyfriend to do what is legally correct here while obtaining a set visitating schedule. At this point the father has been going to Oregon monthly to visit his daughter. Unfortunately the mother has not been allowing the father to see her the entire time while he is in town. For example; he wanted to have his child for this entire stay throughout the Christmas holiday, the mother agreed and gave him their child upon arrival. However, as Christmas neared the mother Needed to have her daughter on Christmas Eve for a couple hours to share her with the family. The father allowed the mother to take the daughter for the couple hour time period but then never heard from the mother. She did not answer his calls or give him the courtesy of what was going on. Finally, Christmas night he drove over to her house in attempt to talk to the mother and left with no child. On the mother's terms, she called him later on and gave their daughter back to him for the remainder of his stay.
    It is terrible how this women controlling his time with his daughter especially because his visitations are limited.

    Any advise would help!
    Thanks!

    Come on, girlfriend - what's terrible is that Dad hasn't filed to establish visitation before now. It is entirely possible that Dad isn't even legally Dad yet.

    Without a court order, Mom isn't obliged to allow ANY visitation, period - and likewise, Dad isn't obliged to pay one cent in child support.

    Daddy needs to file in court (in Oregon, not CA) to establish paternity, custody/visitation and child support.

  3. #3
    Join Date
    Feb 2010
    Posts
    2

    Default Re: Custody and Visitation in Different States

    My goodness, seems to be his situation is worse than I imagined. He makes it up to Oregon one weekend every month, sometimes up to a week stay. Paternity has been established, that I know for sure. How would he establish visitation? Sounds like he would have been better off doing this before ever leaving the state. He has done obsolutely no research and believed it would be better to wait to go to court, after he had started school and obtained a job down here. He has JUST moved down to California and had been sharing custody up until that point. His parents continue to have the child over once a week for one to two nights. Is it possible for him to gain at least half custody?? Is this a difficult process? When both parents do make it into the court room, will he be able to bring his daughter down to California for visitation? Or will they only allow him to visit her in Oregon?

    Thank you for your prompt response! Getting advise was easier that I thought.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Custody and Visitation in Different States

    Quote Quoting Leyah
    View Post
    My goodness, seems to be his situation is worse than I imagined. He makes it up to Oregon one weekend every month, sometimes up to a week stay. Paternity has been established, that I know for sure. How would he establish visitation? Sounds like he would have been better off doing this before ever leaving the state. He has done obsolutely no research and believed it would be better to wait to go to court, after he had started school and obtained a job down here. He has JUST moved down to California and had been sharing custody up until that point. His parents continue to have the child over once a week for one to two nights. Is it possible for him to gain at least half custody?? Is this a difficult process? When both parents do make it into the court room, will he be able to bring his daughter down to California for visitation? Or will they only allow him to visit her in Oregon?

    Thank you for your prompt response! Getting advise was easier that I thought.


    Here's what I'd do

    File for joint legal custody, and get visitation spelled out quite clearly. I would NOT recommend anything vague (such as, "visitation will take place as per the agreement of both parties" - this, frankly, sucks and does nothing to help the entire situation). He can start here:

    http://courts.oregon.gov/OJD/OSCA/cp...lpacket3.page?

    (these are forms dealing with the initial establishment of custody and visitation).

    He also needs to understand that he has a bit of an issue.

    His daughter is very young and he hasn't spent much time with her at all, comparatively speaking. This, at the moment, makes it unlikely that he will be able to take her to California for his visitation - at least to start with. He will probably initially be awarded specific short periods with his daughter, in Oregon. It may be supervised to begin with. Eventually this will lead up to longer and longer periods, including overnights and extended periods during the holidays.

    He will also generally be expected to pay for all transportation costs related to visitation.

    Get on his back, and encourage him to get going with this!

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