Legal Question in Family Law in Oregon

I relocated to Oregon 4 months ago with my three year old child from Washington. The father and I were never married, but paternity had been established and we had a temporary parenting plan filed in Washington granting us joint custody, however my child resided primarily with me. My child's father resided in Oregon for over two years prior to my relocation so neither of us reside in WA now. Even though it's not been 6 months can I file for a new parenting plan and request primary legal and physical custody in Oregon now? My child's contact with his father has significantly decreased since we moved(he is 2 hours away, and makes little to no effort to see or speak to our child). Are we still bound to follow the parenting plan in WA at this point? It's impossible to follow the visitation time schedule because my child is now enrolled in school where I live. I also have very significant ties in my current town, I am from this town, my entire family lives here, and I am employed here. My child was also born in OR. The father continues to threaten to pursue contempt charges if I do now allow him to take our child even if this causes him to miss school and he comes to our home unannounced. Mediation is not an option as he is unwilling to even attempt it.


Asked on 10/21/12, 10:15 am

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

ANSWER:

Regardless of "home state" jurisdiction under UCCJEA, Oregon will have jurisdictional authority over custody and parenting time issues if is established that Oregon is the state with which the child has a "significant connection" and that there is in this state "substantial evidence" concerning the child's present or future care.

Do it yourself forms and instructions are available for free at Packet C at the following website:

http://courts.oregon.gov/OJD/OSCA/cpsd/courtimprovement/familylaw/pages/flpacket5.aspx#c

LAWRENCE D. GORIN

http://ldgorin.justia.net/index.html

Law Offices of L.D. Gorin

6700 S.W. 105th Ave., Suite 320

Beaverton, Oregon 97008

Telephone: 503.716-8756

E-mail: [email protected]

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Answered on 10/21/12, 1:12 pm


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