Legal Question in Family Law in Oregon
My ex and I have made changes to our childs visitation over text after the divorce, there was paperwork signed but never submitted to the court. Now she is trying to back out on it. Is it enforcable based on the texts or the signed paperwork that was not submitted?
1 Answer from Attorneys
No, not enforceable based on the texts. The texts should have been put into the form of a notarized stipulation signed by both of the parents and submitted to the court, using the form prescribed by the State Court Administrator (and available at the courthouse).
ORS 107.174(1) says:
"Except as otherwise provided in this subsection, the court shall order modification under ORS 107.135 of so much of a judgment as relates to the parenting time with a minor child, if the parents submit to the court a notarized stipulation signed by both of the parents and requesting such modification together with a form of order. The content and form of such stipulation and order shall be as prescribed by the State Court Administrator."
L.D. Gorin
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