A custody dispute begins when one parent (the petitioner) files a petition for custody or parenting time to the other parent (responder). The petition must be filled out properly and given to the courts. A family law attorney can help you with this process.
Once the petition is filed, the respondent will receive (served) a copy of the petition. At that point, the respondent can sign an “acceptance of service” that basically states that he has received the petition. The petitioner can give the petition to the respondent, or they can find a sheriff, or another adult to give the respondent the petition.
Oregon law allows for the respondent a maximum of 30 days to respond to the petition. If the respondent does not file a response to the Oregon courts then the petitioner may be granted everything they asked for in the petition.
If the respondent does not like the demands requested in the petition they must file a response to the courts within 30 days. Once the response has been properly filed then the court can begin the trial process which includes either mediation or a settlement conference.
Types of Custody
There are a few types of child custody. Custody can be divided into 3 main categories including supervised visitation, joint custody, supervised visitation, sole custody, and split custody.
The parent who is given sole custody will have the opportunity to make all of the decisions for the child without having to get permission from the other parent and an attorney will help you remain in control of the decisions for your child.
Joint custody in Oregon does not mean that the child will live with both parents for an equal amount of time. In many cases, parents may have joint custody, but their child might never actually live with them. Joint custody just means that both parents have an equal say in the decisions for their child.
They both have the right to talk about what is best for their child. In Oregon, a judge will only award joint custody if both parents of the child agree that it is the best choice. It is important to remember that even though joint custody has been awarded that does not do away with child support obligations.
If a parent decides that they would not like joint custody then it is the court’s responsibility to determine which parent will be awarded sole custody. At this point, it might be essential for a parent to be represented by an attorney to give them a better chance of having a fair outcome.
Sole custody is when one parent has the decision-making responsibility for the school, non-emergency medical, and religious training decisions. Sole custody does not mean the parent can control when the other parent spends time with the children. Sole custody is granted for a number of reasons.
Parenting plans are a huge part of the custody process. A component of the parenting plan discusses parenting time. Parenting time addresses when a child will be with each parent and will discuss the exact amount of time each parent will have with a child.
The courts do not want to get involved with the parenting plan, but they will if they have to. The courts require the parents to try to work out the plan in mediation. However, the courts will make the parenting time decisions if the parents cannot agree.
According to the Courts of Oregon, “If you have concerns about the safety of your children while in the other parent’s care, it may be possible to ask the court to consider supervised parenting time. This means the judge will order that your children only have contact with a parent when a third party is present during the parenting time. “
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If you are going through a divorce and need a legal representative to help with your child custody battle, contact The Law Office of David Johnson.
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