Legal Question in Family Law in Oregon

Ex-Wife has filed for custody claiming Material Change.

My daughter, who is now 13, has lived with me for the last 3.5 years. She came to live with me back when her mother was cited for Endangering the Welfare of a Child due to marijuana use and posession. My ex decided to move to NM at that time and has some visitation. She is required to submit a UA test in order for our daughter to visit. She has failed 4 times in the last 3.5 years and has gone through a required drug treatment program each time. Her last failure was in March 2005, before my daughter was going out for a Spring Break visit which caused a suspension in visitation until she completed another treatment. Since March my daughter has gone through depression and has been involved in some very high risk behavior. I have had her in counseling over the past 11 months and now my ex has filed for custody. I am a very commited father and have done as much as possible to provide her with all the help she needs and have many credible letters to support that. My ex has told my daughter that she could go live with her if things aren't going well here, so needless to say my daughter wants to move as well. She has a great support system here, does well in school and plays several sports. Does my ex have a chance? What can I do?


Asked on 2/20/06, 1:41 am

1 Answer from Attorneys
Daniel Margolin Stephens Margolin, P.C.

Re: Ex-Wife has filed for custody claiming Material Change.

At the heart of any court's decision on Child Custody is the best interest of the child. It is very important that you act quickly to protect your daughter in this situation. You should speak with an attorney regarding this matter.

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Answered on 2/20/06, 11:39 am


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