Legal Question in Family Law in Oregon

Child Custody

If the judgment has been filed in one county, but we live in a different county can we re file with the courts in the county we live in to modify the visitation rights? Also, if the judgement says the visitation periods are 5 consecutive days does picking the child up at 12 noon on Monday and bringing her back on 12 noon Friday constitute as 5 consecutive days?


Asked on 3/31/07, 10:14 pm

1 Answer from Attorneys

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: Child Custody

QUESTION:

If the judgment has been filed in one county, but we live in a different county can we re file with the courts in the county we live in to modify the visitation rights?

ANSWER:

Generally, no. You usually have to go back to the Oregon county that rendered the judgment that you are seeking to modify. Unless there is some compelling reason why the originating county cannot or should not continue to exercise jurisdiction over the case.

QUESTION:

if the judgement says the visitation periods are 5 consecutive days does picking the child up at 12 noon on Monday and bringing her back on 12 noon Friday constitute as 5 consecutive days?

ANSWER:

Yes. It is the DAY on which the visitation commences, regardless of what hour of that day. So id Day One is Monday, Day Five would be Friday.

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Answered on 4/01/07, 4:29 am


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