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ORS 107.139(1) authorizes post-judgment ex parte temporary orders of custody and parenting time if a parent of the child is present in court and presents a declaration alleging that the child is in immediate danger. A good faith effort to confer is required. Clear and convincing evidence is required.
There is also a process allowed by Oregon law to request temporary custody for certain cases involving child custody issues where the children are in ?immediate danger.? It may also be possible to ask the court to set up a temporary parenting plan while your divorce, legal separation, or custody case is pending.
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.
It is a common misconception that there is a ?magic age? when a child can decide which parent they will live with. 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.
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.