Legal Question in Family Law in Oregon

My spouse of 9 years finalized our divorce in July of 2009. Part of our parenting agreement

(which he willing signed) was that he would have the kids during summer break. Instead, of taking

them himself last summer he decided to leave them with his parents and only visited them sporadically.

He informed me that he plans on doing the same thing this year. Does he have the right to decide that the

children can stay at his parents house? (we do have joint custody)

I just don't know if I have the right to say, "hey this is not right. I should have the children during

your time if you don't want them to be physically with you" or, if he can do what he will with them because

it is technically 'his time' and according to him "What are you complaining about they are with relatives".


Asked on 4/20/10, 11:54 am

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

YES, he has the right to decide that the children can stay at his parents' house. He does not need your consent. Just as you have the right to decide that the children can stay with YOUR parents, and you may do so without their father's consent. Keep in mind that your parenting plan (which you willing signed) give both of you JOINT custody. You both have equal parental rights. Simply because the allocation of parenting time results in the children spending more time with you rather than with father does not mean that when the children are with him that his rights are any less than when the children are with you.

LAWRENCE D. GORIN

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

Law Office of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]

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Answered on 4/25/10, 1:18 pm


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