Legal Question in Family Law in Oregon
Child custody and not thru the court system
Can we write up our own revised parenting plan and have it notarized? Would that be considered a legal binding document in court? Child lives in Oregon but we want to move her to Washington with her father.
2 Answers from Attorneys
Re: Child custody and not thru the court system
It is unclear from your question which states' court system has jurisdiction in this cases. I will write a response that applies to a Washington jurisdiction. What you propose is better than no parenting plan, but for some small fee and a few minutes in ex parte, you can file an agreed motion, order and parenting plan, that the court is going to clearly recognize. You can do what you are proposing, whether it is a good idea is something you will find out in the future.
Re: Child custody and not thru the court system
..... And here's the answer if the parenting plan you seek to modify is one that was issued by an Oregon court and the courts of Oregon still have "modification jurisdiction".....
Oregon law, ORS 107.174 says "the court shall order modification under ORS 107.135 of so much of a judgment as relates to the parenting time with a minor child, if the parents submit to the court a notarized stipulation signed by both of the parents and requesting such modification together with a form of order. The content and form of such stipulation and order shall be as prescribed by the State Court Administrator."
The form prescribed by the State Court Administrator is available online. Do a Google or Yahoo search for
"OREGON JUDICIAL DEPARTMENT FAMILY LAW FORMS"
Then go to Packet 4 (Modification of Judgments) and then scroll down to Packet 4 C -- Stipulation (Agreement) to Modify Parenting Time
If both parents agree to specific changes in parenting time only and want their Judgment to be changed, they may use this form. Parents should fill out this form, have their signatures notarized, and submit it to the court. By statute, the court may either sign the order or may require parties to appear for a hearing.