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If a child doesn't want to live with a parent, it might be a safety issue. If your child is old enough, ask what is happening there that makes him or her not want to go. For small children, ask them to draw a picture of life at Daddy's house. A professional counselor and lawyers might need to be involved.
Ann. § 109.510.) When the child turns 18, the court no longer has the jurisdiction (power) to require custody or visitation with either parent. If the custodial parent withholds or fails to send a child for visitation, the other parent can ask the court to enforce the orders.
Additionally, courts do not want children to be a part of their parents' disputes. In Oregon, there is no minimum age at which a child's input must be considered in custody decisions such as who becomes their primary caretaker.
In order for the court to consider this situation abandonment or desertion, it must continue for an extended period of time. The absence must also be permanent and without the consent of the other spouse. A number of elements must play into the situation to constitute abandonment.
When Can My Child Refuse Visitation? There is no specific age at which a child can decide to refuse to visit with a parent or change custody arrangements without the court's approval.
In both Washington and Oregon, a child can only choose which parent they'd like to live with when they turn 18 or are otherwise emancipated. Minor children are not considered capable of making such decisions for themselves and are not permitted to ?choose? living with one parent over another.
A deputy sheriff in the county where the other party can be located will serve the papers for a fee. The Court may waive or defer (postpone) this fee if the service will be done in Oregon. You can also pay a ?process server,? who is someone who works for a private company that delivers papers as a business.
The only set age where someone can choose where they live is 18. In custody cases, children always get to express where they want to live, but the court does not have to rule with the child's wishes. Instead, they look at a variety of factors to see what is in the child's best interest.