I'm a mother & currently have 50/50 custody in Oregon. If my ex husband dies from cancer,am I by default, granted sole custody?

Asked 12 months ago - Prineville, OR

We were divorced in Deschutes County Oregon, in 2011. The court ordered parenting plan states we are to share equally, 50/50 parenting time and custody. My ex husband has violated the agreement for the past 2 years. He currently has physical custody of my two young daughters (ages 5 and 6) and he has moved the children, but I don't know where to. He didn't notify the courts, or motion the judge for a modification, I believe he is in contempt of court. Is this true? I don't know if I should file a motion to enforce parenting time, or if I need to file a custody modification to gain full 100% custody of my children due to change in circumstance (being his health). He is terminally ill with stage 4 brain cancer and was given 3 months to live. Do I need a court hearing to get 100% custody?

Attorney answers (2)

  1. Shannon L. Hall

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . If you are supposed to have the girls 50% of the time and it is your ex husband who is not allowing you to do that, you could file a motion to enforce the parenting plan. If he is willfully violating the parenting plan, you could also file a motion for contempt. Those both can take some time, though, so he may not be alive when the hearings happen. If you currently have joint custody, and their father dies, you would have sole legal custody (barring some other court action out there that might have impacted your legal rights). If you do not know where your daughters are, though, you will need to find out. You should consult with an attorney privately. It sounds like their is more to this story - so you should get specific advice based on your case.

    Shannon L. Hall, Attorney at Law (Licensed in Oregon); 960 Broadway Street N.E., Suite 4, Salem, OR 97301; Phone:... more
  2. Conrad G Hutterli

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . I would add the following. You stated in your question: "He is terminally ill with stage 4 brain cancer and was given 3 months to live." He has taken the children, you do not know where they are, and he has failed to notify you or the court regarding his change of address. Obviously, I know nothing more than what you have told us, but you might wish to advise the police or DHS about this and get some input from them.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

30,236 answers this week

3,204 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

30,236 answers this week

3,204 attorneys answering