Legal Question in Family Law in Idaho
Need information on non custodial parents' visitation rights.
My brother is a long haul truck driver, but his home is in Oregon. He has a two and a half year old daughter who was born in Oregon. He has not been with his daughter's mom since before she was born. Her mom is now married and less then 6 months ago, they moved to Idaho. My brother pays child support, but no visitation rights have been established in court. The child's maternal grandparents, as well as her paternal grandmother live in Oregon, near each other. When her grandparents have her, her mom let's us see her too. But if her mom finds out that my brother is coming into town, she makes the child's maternal grandparents come to pick her up before he gets here. She says that he has no right to see her. She has also said that she is going to change the child's last name to her husband's last name. I would like to know what my brother's rights are here, what my mom's rights are as the paternal grandmother and what we can do about the situation. Thank you.
1 Answer from Attorneys
Re: Need information on non custodial parents' visitation rights.
I am assuming that a divorce decree or paternity suit
was filed in Oregon and that the divorce or paternity decree
do not say anything but reasonable visitation rights to
the father. If the facts are otherwise, don't use this answer
other than for general info purposes.
If the original divorce or paternity decree was in Ore, then
Ore has continuing jurisdiction to hear the case and the father can
file for a modification to get specified visitation. If the child
resides in Id for 6 months or more, Idaho has presumptive jurisdiction
under the child custody jurisdiction act and the mother can file for
modifications in Idahl. Therefore, the father needs to file for this in
Ore as soon as possible.
I am not an Oregon attorney so I cannot advise you as to the procedure
under Ore law.
You need to get a copy of the judgement or decree in the case requiring
the father to pay child support so that you can see what rights he has under
the original decree. Obviously, he should look at this before he
decides how to proceed.
As to change of name for the child, your brother can file an objection
in the court in which the name change request is filed. If the name change
is made without court order then it doesn't change the child's name on its
birth certificate.
In Id, your mother has statutory grandparent rights that she can go
to court and for which she can get an order for visitation. I don't know the
status of the law in Ore so you need to talk to an Oregon attorney.
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