Legal Question in Family Law in Oregon

Re: Will custody change even if the modification order does not request it?

Safest strategy is probably to just leave well-enough alone. The kids are now teenagers. If they now are with dad and wish to stay with dad, your obtaining a court order that effectively �forces� them to visit (or spend �parenting time�) with you will end up being an exercise in futility. They will end up coming to you unhappy, mad, angry and hostile and will remain that way the entire time they are with you, no matter what you do or say, until they go back �home� to dad�s place. This will not be a good situation for you, nor for them. For now, they have your phone number and know that they can reach you anytime they want. Trying to force yourself on your teenage children is rarely if ever successful. And it you do it, you may end-up jeopardizing the chances of having a positive parent-child relationship in their future years when they become adults (which occurs, by the when they are 18 y/o, at which time they will no longer be in the custody of either parent).

Under Oregon, joint custody is premised on the notion that the parents, although divorced, have the ability and willingness to continue to function cooperatively as parents, following a divorce, and can work-out and reach mutual agreement regarding the allocation of time sharing with their children, do so without need for court intervention.

From a judge�s perspective, if parents who originally agreed to joint custody now have to return to court to get a court order resolving a parenting time dispute or disagreement, it will be viewed as a pretty good sign that the what the parents originally had in mind when they agreed to joint custody is no longer workable. And in that circumstance, the court may very well terminate joint custody, grant full custody to one parent or the other, and then render a order specifying the parenting time, if any, to be accorded to the noncustodial parent.

Under Oregon law, ORS 107.169, �the court shall not order joint custody unless both parents agree to the terms and conditions of the order.� Further, �modification of a joint custody order shall require showing of changed circumstances and a showing that the modification is in the best interests of the child.� Lastly, �inability or unwillingness to continue to cooperate shall

constitute a change of circumstances sufficient to modify a joint custody order.�

As I said earlier, best advice is to just leave well-enough alone.

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices 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]