After the divorce is over a Modification of Child Custody in Oregon requires a substantial change in circumstances. The party seeking sole custody must then demonstrate how sole custody would be in the best interests and welfare of the children.
We can help you with your child custody modification. Contact Us at (503) 223-8441 for a free consultation.
OREGON REQUIRES A SUBSTANTIAL CHANGE OF CIRCUMSTANCE TO MODIFY CHILD CUSTODY
The change-in-circumstances rule is an explicit statutory requirement for modification of child and spousal support. ORS 107.135(2)(a). For custody modifications, statutory authority is derived indirectly from ORS 107.169(5) and 109.175(1). See State ex rel Binschus v. Schreiber, 141 Or App 288, 917 P2d 1063 (1996).
The moving party in a proceeding to modify custody or support has the burden of proving that a material, unanticipated change in circumstances sufficient to modify the order has occurred since the order was entered, or since the last modification order was entered. Boyd and Boyd, 152 Or App 785, 788–789, 954 P2d 1281 (1998); Teel-King and King, 149 Or App 426, 429–430, 944 P2d 323 (1997
The Courts have found that the following factors may justify a custody modification:
(1) Gross Moral Misconduct of Custodial Parent
(2) Custodial Parent’s Neglect or Delegation of Parenting
(3) De Facto Custody by Noncustodial Parent
(4). Endangerment by Custodial Parent
(5) Instability of Custodial Parent
(6) Improvement in Noncustodial Parent’s Situation
(7) Custodial Parent’s Alienation of Child from Noncustodial Parent
(8) Move by Custodial Parent
(9) Failure of Joint Custody
(10) Wishes of the Child
FOCUS ON THE BEST INTERESTS AND WELFARE OF THE CHILD
The criteria for deciding child custody awards are as follows:
(1) The emotional ties between the child and other family members;
(2) The interest of the parties in and attitude toward the child;
(3) The desirability of continuing an existing relationship;
(4) The abuse of one parent by the other;
(5) The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and
(6) Each parent’s willingness and ability to facilitate and encourage a close and continuing relationship between the other parent and the child (unless sexual assault or abuse of the child has occurred, and a continuing relationship endangers the child). ORS 107.137(1).
The court must not give preference in custody to the mother over the father for the sole reason that she is the mother, nor to the father over the mother for the sole reason that he is the father. ORS 107.137(4).
The court cannot consider “the conduct, marital status, income, social environment or life style” of either party unless it can be shown that any of those factors do or may cause emotional or physical damage to the child. ORS 107.137(3).
PAUL F. SHERMAN IS A SKILLED AND EXPERIENCED CHILD CUSTODY MODIFICATION ATTORNEY
Whether you need to modify child custody or preserve the status quo pending resolution of your case, or if you need assistance in following the correct procedures to obtain a child custody modification for your child, you need the advice of an experienced child custody attorney. We recognize the impact any custody determination can have on the most import thing to you and your family, custody and quality parenting time with your child. The Law Offices of Paul F. Sherman has the experience necessary to address your concerns and to protect your rights.
CONTACT PAUL F. SHERMAN FOR EXPERT ADVICE ON YOUR CHILD CUSTODY MODIFICATION
We know you have questions and we have answers. If you would like to know more about modify child custody, call the Law Offices of Paul F. Sherman at (503) 223-8441, or Contact Us for a free child custody modification consultation.