Oregon Temporary Custody Forms With Parental Consent
Description
How to fill out Oregon Motion And Order To Show Cause Requesting Temporary Custody Pursuant To ORS 109.119(3)(A) And ORS 107.095?
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FAQ
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.
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.
When the child turns 18, the court no longer has the jurisdiction (power) to require custody or visitation with either parent.
Moves and child relocation farther than 60 miles require notification and are typically considered more significant. In fact, child relocation laws in Oregon make it difficult (sometimes impossible) to move farther than 60 miles with a child without the consent of the the other parent.
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.