Legal Question in Family Law in Oregon
child custody
My 15 year old lives with his mom who has full custody. My son just told me that his step father has hit him for saying and being rude to him. I was not there but I have heard from others that this may be true. I have requested that he come live with me since I feel it is not safe for him to live in the house anymore. His mother states that she will leave her current husband so that our son will not be in this situation anymore. If I go get my son and he does not want to go back to living with my ex wife, can my current wife or myself get into legal trouble since I do not have custody of my son? Especially since I was not there to actually know what happened between my son and his step father.
2 Answers from Attorneys
Re: child custody
If your ex-wife is cooperative and voluntarily releases your son to you and places him with you for a significant time, then you may be able to file for a modification of custody on that basis. You may also be able to file a modification of custody as the circumstances may have changed since your ex-wife was awareded custody - she has re-married and the new spouse is abusive. Do you know if the new husband is also abusing the ex-wife? If you are not in my practice location, I would strongly advise you to consult with an attorney and retain a family law attorney in your area. You can find one by calling the Oregon State Bar.
Re: child custody
QUESTION:
My 15 year old lives with his mom who has full custody. My son just told me that his step father has hit him for saying and being rude to him. If I go get my son and he does not want to go back to living with my ex wife, can I get into legal trouble?
ANSWER: YES, there is always that possibility. Best advice: Don't take matters into your own hands, and consult with a lawyer before going any further.