Other family members or important people in the child`s life may also have an interest in ensuring that the child is well cared for. Non-parents who may want to take custody of a child may be in-laws, grandparents or other family members, especially if they were the caregivers. Parties to custody and access issues may represent themselves or appoint lawyers. In some cases, if a party does not have the means to hire a lawyer, the judge may appoint a lawyer free of charge. The judge may also appoint a lawyer to represent the child; this lawyer is called “the child`s lawyer”. Any parent can apply for custody, whether the parents are separated, divorced or never married. Third parties, such as grandparents, parents or others who have taken care of the child, may request custody or visitation in certain circumstances. To obtain custody, non-parents must prove that the parents are unfit to care for the child or that they have not acted in accordance with their rights as parents, for example by allowing the child to be raised by a non-parent. Grandparents may also be visited in certain circumstances if there is a case of custody between the parents. Non-parents seeking custody must prove that they have an essential relationship with the child. With Custody X Change, you can create and organize it all in one place. Simply print what you need for the court to convince the judge to rule in your favor.
Custodial mediation is a conversation between parents that is supported by a professional mediator. The mediator works with the parents, without lawyers in the room, to reach an agreement on custody of the children if possible. For more information about mediation, see the Help topic On Custody Mediation. A judge cannot grant joint custody in Oregon unless both parents agree. There are two common types of custody in Oregon: joint custody and sole custody. The type of custody available to parents determines who has the ultimate authority to make important decisions. Important decisions include, but are not limited to, religion, education, health care, and where the child lives. The time it takes to obtain a custody and parenting judgment depends on the complexity of the case and the court schedules. A case can move forward quickly if the parties agree.
When a judge has to make decisions, the case takes longer. If you have other custody or parenting orders or judgments from other states, or if one of your children did not live in Oregon for six months before filing, you should consult a lawyer. When you reach an agreement, simply print your parenting plan to be presented to the court with your settlement documents (or save them in PDF format to file electronically if your court allows it). A parent, grandparent or person with a connection or significant relationship with the child may file an application with the family court requesting that the court take the child into care. A copy of the application and a subpoena must be served (delivered in person) on the party or parties currently having custody of the child. If the child`s parents are separated and a parent requests a custody decision, that parent must have the documents served on the other parent. If a non-parent requests custody of the child, both parents of the child must be served. If a court order grants certain custody or access rights to one party and the other party fails to comply with the order, the complaining party may file an application alleging a violation of the order. After a hearing is held by the court, the judge may vary the order and/or impose sanctions on the party who has not complied with the order.
Custody of a parent does not depend on the payment of child support, but on the type of relationship with the parent that is in the best interests of the child. A court may consider refusing to pay child benefits when analyzing the parent`s ability to act in the best interests of the child. If you`re a parent considering divorce, or if you`re already involved in the process, you`re probably wondering how custody and visitation issues will be resolved. In general, custody and visitation of children is decided either by agreement between the outgoing couple (usually with the help of lawyers and mediators) or by the court. Both custodial parents have the right to make decisions about these aspects of their children`s lives, but they don`t have to accept all decisions. .