Legal Question in Family Law in Oregon

Custodial parent has sole custody. No parenting plan is in place. Custodial parent allows visition sporatically, and often changing her mind at the last minute. Non custodial parent brought up mediation so there would be a set plan, and was looking into how to start the process. Custodial parent called a mediator service and got it started which was unusual. Now at the point of filling out the mediators questionaire, then setting appointment. 2 weeks in, custodial parent says she doesn't want to do it now. My question is, will the process now be stopped with no resolution? With the custodial parent refusing mediation, can a parenting plan ever be reached? I am assuming there must be another option otherwise spiteful parents would use this technique as a way to deny visitation and rights longterm. Thank you for your time. Tina


Asked on 7/28/11, 6:38 am

1 Answer from Attorneys
Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

QUESTION:

Will the process now be stopped with no resolution?

ANSWER:

Maybe yes, maybe no. Depends on whether you decide to take further action or just leave well enough alone.

QUESTION:

With the custodial parent refusing mediation, can a parenting plan ever be reached?

ANSWER:

Yes, even with the custodial parent refusing mediation, a parenting plan cab still be reached. Just file a motion the court asking the court to establish a parenting plan.

LDG

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Answered on 7/28/11, 11:12 am


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