Legal Question in Family Law in Oregon

Disputed Parenting Plan Hearing - what happens?

I'm preparing for the possibility that my ex and I will wind up at a hearing if we can't come to an agreement on our own before the scheduled hearing date.

I have an atty - just not clear on what happens next.

My proposed plan maintains joint legal custody and provides reduced parenting time for me from the current 50/50 arrangement to just two weekends per month and a flexibility for mid-week visits. In exchange for my reduced parenting time, I'm entering provisions with the intent to protect the interests of my children. Thes provsions include: Agreement that fire arms are to be locked and inaccessible to children; children maintain a GPA of 2.0 before enrolling in athletics and agreement and commitment to attend family counseling for a period of one year. If my ex and my children do not agree to these provisions, then this will end up in a contested hearing.

My question is: Since we can't come to an agreement on our own, will the court be forced to award legal custody to just one party? I really want to maintain joint custody so that I can continue to have access to my children's medical and school records. It's bad enough that I've been cut off from my kids already; this would just separate us even further.


Asked on 8/07/08, 7:55 pm

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

Re: Disputed Parenting Plan Hearing - what happens?

YOUR QUESTION:

Since we can't come to an agreement on our own, will the court be forced to award legal custody to just one party

ANSWER:

YES, the court will be "forced" to award legal custody to just one party.

Under Oregon law, a judge is not permitted to grant joint custody unless both parties voluntarily agree to joint custody and request that it be imposed. Otherwise, the court's only option is to grant "sole" custody to one parent or to the other parent. Also note than neither parent can be forced to agree to joint custody, nor is there any obligation on the part of a parent who does not want joint custody to explain WHY he/she does not want it (nor can the parent be compelled to provide such an explanation).

LDG

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Answered on 8/08/08, 4:04 pm


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