Legal Question in Family Law in Oregon

Motion to change custody

I raised my son to 15, his father took him 1 year ago and told me I could do nothing. I now know that he couldn't just do that. He has not paid child support for 1-1/2yrs. I moved my son back home with me. Divorce Decree awarded me custody in 1995. Now his father is taking to court to get custody based on his 1 year stay. My sons grades are failing in the 1 year at school. Does his father have a leg to stand on? I am representing myself in court with the eveidence of arrears child support and his illegal taking of my son. In his affidavit he only states that our son was living with him for 1 year. But we had no agreement for that, it was against my will.

I believe his fathers motivation is to get out of a very large child support arrears. ($10,000+). How should I present my case to the judge tomorrow in court?

Please help, my sons future is hanging on this. I know that I will probably never receive the arrears, I just want my son happy and safe.

Julie


Asked on 1/31/07, 12:12 pm

1 Answer from Attorneys
Lillian Suelzle Watson Gresham Family & Bankruptcy Law

Re: Motion to change custody

Is you son back with you now, For how long? While children cannot decide who they will live with, courts will take your son's wishes into account if they make sense. Because your son lived with his father for one year, that established a pattern and is helpful to him. However, you have legal custody which the courts will not modify unless there is a "substantial change in circumstances". You need to focus on your son's best interest and why you are a good and effective parent. This is tough. Is your son's father represented by an attorney. If he appears with an attorney, you may want to ask for time to hire your own attorney. The judge has to balance what is best for your son.

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Answered on 1/31/07, 7:16 pm


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