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  1. #1

    Default Denied Access After Six Months as Primary Caregiver

    My question involves a child custody case from the State of: Oregon
    i have filed for sole custody, then her attorney filed a week later, i was served first due to her being hard to find, now her attorney is motioning and ordering my case be dissmissed, is their anything i can do to stop this?

  2. #2
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    Default Re: 6months of Taking Care My of Son Now 8weeks of Nothing

    Quote Quoting feelingstomped
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    My question involves a child custody case from the State of: Oregon
    i have filed for sole custody, then her attorney filed a week later, i was served first due to her being hard to find, now her attorney is motioning and ordering my case be dissmissed, is their anything i can do to stop this?


    What is the reason the attorney is requesting the case is dismissed?

    Why are you filing for sole custody?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3

    Default Re: 6months of Taking Care My of Son Now 8weeks of Nothing

    it gives no real reason why my case should be dismissed other than i was served first..
    i am going for sole custody, i was the one who put life on hold to take care full-time of our son and hers, while she worked, 3months after this started she began coming home late and drunk this was seen by me and my brother who also lives in the home, she started doing this 2 or 3 times a week until the day she just did not come home until 2am,that Friday night we started arguing then she ended up, running next door and calling the cops, for no reason other than i would not let her leave with the vehicle she was being permitted to use for work, so they came i let her get stuff and her son it was 4am when they left..that Monday she filed a restraining order that in-part gave her the baby,cops came took him to her, i contested it and it was dismissed for no cause but nothing was said about the baby..
    6 years off and on with her, she has almost lost her life a few times on record and off, i have lived in my home for going on two years, she has shown that she has no real concern for me and my son having a relationship, sad, i could never do this to her..

  4. #4
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    Default Re: 6months of Taking Care My of Son Now 8weeks of Nothing

    Quote Quoting feelingstomped
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    it gives no real reason why my case should be dismissed other than i was served first..
    i am going for sole custody, i was the one who put life on hold to take care full-time of our son and hers, while she worked, 3months after this started she began coming home late and drunk this was seen by me and my brother who also lives in the home, she started doing this 2 or 3 times a week until the day she just did not come home until 2am,that Friday night we started arguing then she ended up, running next door and calling the cops, for no reason other than i would not let her leave with the vehicle she was being permitted to use for work, so they came i let her get stuff and her son it was 4am when they left..that Monday she filed a restraining order that in-part gave her the baby,cops came took him to her, i contested it and it was dismissed for no cause but nothing was said about the baby..
    6 years off and on with her, she has almost lost her life a few times on record and off, i have lived in my home for going on two years, she has shown that she has no real concern for me and my son having a relationship, sad, i could never do this to her..
    Please understand that sole custody is VERY rare these days; joint is by far preferred in almost every jurisdiction.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5

    Default Re: 6months of Taking Care My of Son Now 8weeks of Nothing

    i was first seeking joint with a week on week off time sharing of our son and some kind of set visitation with her son whom iv been father too most of his life we started when he was 3 now 8, but was met with a wall after i was asking that she seeks help for her long time problem with alcohol, to better insure the safety and well being of the children..so is there anything i can do to answer/ or action back against the Motion and Order Dismissing my case??

  6. #6
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    Default Re: 6months of Taking Care My of Son Now 8weeks of Nothing

    Quote Quoting feelingstomped
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    i was first seeking joint with a week on week off time sharing of our son and some kind of set visitation with her son whom iv been father too most of his life we started when he was 3 now 8, but was met with a wall after i was asking that she seeks help for her long time problem with alcohol, to better insure the safety and well being of the children..so is there anything i can do to answer/ or action back against the Motion and Order Dismissing my case??


    Wait - you didn't mention the second child. There is virtually no chance you'll get custody of any sort, or visitation, of her son ( you may not have standing to do so because Oregon has no provision for step-parent custody/visitation - this in itself may be a reason to have your petition dismissed).

    Week on/week off is rarely a good idea either unless the parents are willing to work together amicably.

    Do you have a date yet for HER petition?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  7. #7

    Default Re: Denied Access After Six Months as Primary Caregiver

    yes, i answered her Petition For ,Custody, Parenting time, Child support, and Attorneys Fees, and opposed pretty much everything except the obvious and the child support,and the only scheduled proceeding is:meddiation and Trial date set for july 14,2010..i pretty sure i left her son out of my filing..

  8. #8
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    Default Re: Denied Access After Six Months as Primary Caregiver

    Quote Quoting feelingstomped
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    yes, i answered her Petition For ,Custody, Parenting time, Child support, and Attorneys Fees, and opposed pretty much everything except the obvious and the child support,and the only scheduled proceeding is:meddiation and Trial date set for july 14,2010..i pretty sure i left her son out of my filing..

    So, she filed first, and you answered her motion...AND filed yourself?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  9. #9

    Default Re: Denied Access After Six Months as Primary Caregiver

    no i filed 19th of feb, she filed 23rd of feb, i was served march 1st, she was served march 7th..

  10. #10
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    Default Re: Denied Access After Six Months as Primary Caregiver

    The court should see the dates of filing. Is there any documentation by court or police of her drinking problem? Do you have a steady job? With you having a stable place and job, you have a better chance of primary custody. If there is any proof of her drinking problem, you can get her started out on supervised visits. Get together any proof you can of supporting your son on your half. You should start out with asking primary residential custody, and supervised a couple days a week if you can prove her alcohol abuse, if not, go for a couple days a week for her to have him. If he is under two, courts usually won't authorize overnights. Also, attend some parenting classes if you can while awaiting all this, it looks good in court too.

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