Bend Oregon Motion and Order to Show Cause Requesting Temporary Custody Pursuant to ORS 109.119(3)(A) and ORS 107.095 is a legal process used in family law cases where an individual seeks temporary custody of a child or children involved in a custody dispute. This type of motion is typically filed when there is a pressing need to establish temporary custody arrangements while waiting for a final custody decision to be reached. ORS 109.119(3)(A) and ORS 107.095 are specific statutes within the Oregon Revised Statutes that pertain to child custody matters. ORS 109.119(3)(A) authorizes the court to award temporary custody when it finds that it is in the best interest of the child or children involved. ORS 107.095 gives the court jurisdiction to make custody determinations in divorce or separation cases. There may be different types of Bend Oregon Motion and Order to Show Cause Requesting Temporary Custody, depending on the specific circumstances and needs of the parties involved. Some common variations of this motion may include: 1. Emergency Motion and Order to Show Cause: This type of motion is filed when there is an urgent situation or imminent threat to the child's well-being, necessitating immediate action from the court to establish temporary custody. 2. Temporary Custody Motion and Order in Divorce Proceedings: This motion is typically filed during ongoing divorce proceedings when one party seeks temporary custody of the children until a final divorce decree is issued. 3. Temporary Custody Motion and Order in Custody Modification Cases: This type of motion is filed when one party seeks a modification of an existing custody order and requests temporary custody while the modification process is underway. 4. Temporary Custody Motion and Order in Paternity Cases: This motion is filed in cases where the parents were never married, and one parent seeks temporary custody of the child during paternity proceedings. When filing the Bend Oregon Motion and Order to Show Cause Requesting Temporary Custody, it is crucial to provide a detailed account of the reasons for seeking temporary custody, citing specific concerns or circumstances that necessitate immediate action. The motion should address the best interest of the child and provide supporting evidence, such as witness statements, documents, or expert opinions. It is recommended to consult with an experienced family law attorney familiar with Oregon laws to ensure accurate completion and submission of the motion, as well as compliance with all necessary legal requirements.
Bend 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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Immediate Danger Examples or Definition Physical abuse of a child. Sexual abuse of a child. Medical neglect of a child. Drug or alcohol abuse in the presence of a child.
Ann. § 109.510.) When the child turns 18, the court no longer has the jurisdiction (power) to require custody or visitation with either parent.
To get an Immediate Danger temporary order, you must file a form called an Ex Parte Motion for Order of Immediate Danger & Temporary Custody and Parenting Time & Declaration in Support.
Temporary emergency custody orders are often granted when the other parent is seriously abusing drugs or alcohol, in cases of sexual abuse or serious physical abuse of the child, in cases involving incarceration of the other parent, or in case involving serious mental illness.
In Oregon, a parent with sole legal custody typically has the authority to make all major decisions on behalf of the children, but the noncustodial parent still has the right to notifications of major decisions or developments in the lives of their children.
If paternity has been established and there is no law or court order giving one parent custody, both parents have equal rights to custody.
How Long Does a Temporary Custody Last? The time length of a temporary custody order will last between five months to an indefinite period based upon the circumstances.
Imminent danger to the physical well-being of the child means an emergency situation in which the welfare or the life of the child is threatened. Such emergency situation exists when there is reasonable cause to believe that any child in the home is or has been sexually abused ?
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.