My child custody papers have been served, what do I do after the 30 days? OREGON

Asked over 1 year ago - Newberg, OR

I will be very surprised if my daughters absent father of 14 months will contest my petition, so in wondering after the 30 days what do I do? He is a druggy with no shown interest of his daughter. I have photos of him on drugs, he has physically and emotionally abused me. He has emotionally abused my daughter by coming in and out of her life. I also just renewed my restraining order on him and he didnt contest it. Before I gave him parenting time, this time I took it out and he still accepted it
I am 20 have a steady, well paying job, I fully support her, I am responsible and don't go out and drink, I don't do drugs, smoke or drink, I have a safe smoke and alcohol free home for her, safe care for her, supportive family around her.
What do I do after 30 days and do I need a lawyer? Thanks!

Attorney answers (2)

  1. Jay Bodzin

    Contributor Level 20

    1

    Best Answer
    chosen by asker

    Answered . If the respondent in your case does not reply within 30 days of being served, then on the 31st day, you can file a motion with the Court asking for an order of default. That order will include an instruction that you can enter a judgment in accordance with the terms of your petition. You can then submit a proposed judgment whose terms match the requests you made in your petition. The court will have to screen it to be sure it matches, and if it does, then the judgment will be entered. You'll have won everything you asked for in your petition. You can't get terms that you didn't request in the petition that was served on the Respondent - the theory is, by failing to reply, they may be indicating that the terms you've requested are acceptable to them, so you can't go introducing new ones.

    As Ms. Gruber suggested, it is strongly recommended that you have an attorney prepare these documents for you. Without knowing EXACTLY what you requested in your petition, we can't say what your judgment can include, but there are a number of terms that ought to be included, or must be in some cases. The judgment will be the legally enforceable terms of custody of your child, so this is an important thing to get right. For more information about these laws, you can see: http://www.northwestlawoffice.com/custody.html

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more
  2. Diane L Gruber

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    1

    Answered . First of all, don't forget to take the parenting class that is required by the court. In the meantime, you need to meet with a custody attorney to have him/her prepare the custody judgment. The judgment is the MOST important document you will ever have. It MUST be done by a professional.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more

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

Get free answers from experienced attorneys.

 

Ask now

26,145 answers this week

3,296 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

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

26,145 answers this week

3,296 attorneys answering