Legal Question in Family Law in Oregon

waiting to file for custody

Never Married parents, child has always loved with mother. Child support order was in place when child was just under 1 year old. (order filed in AZ) NCP is in arrears $12,000. never filed for formal visitation or custody. DCE just found him and deducted child support from his paycheck this month. His last payment was 2/2006. He has tax liens for failure to pay. Now NCP is angry and taking me to court for Custody and Child support modification. Will the courts look at the fact that he waited 3 years after the child support order to file, and is doing so after DCSE tracked him down? He's never been consistant with visitation, but has never been denied visits. Lives locally. Cancels regularly for things like '' not having bus money''


Asked on 10/30/07, 5:45 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: waiting to file for custody

The court will look at all the facts and circumstances in order to make a determination that is in the child's best interest.

Washington doesn't call it custody, we call it Primary Residential Placement.

Non-PRP who is moving to change the child's placement has to demonstrate a substantial change in the PRP's circumstances (i.e. that you are using heroin) or the child's circumstances that are so awful that the only thing the court can do is to transfer PRP placement.

This is not what you are describing.

Family law is not self-help. Your child's future is at issue. Please get a lawyer. If you cannot find one to talk to, call your County Bar Association and find out if they have a clinic or some other way for you to get actual advice and help.

Elizabeth Powell

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Answered on 10/30/07, 6:42 pm


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