I have sole custody of my children. Their father has been in and out if their lives for two and a half years. Just this last week he has decided that the wants to follow the custody agreement, the kids are 2 1/2 , 4 1/2, and 8 1/2, and do not want to go with him 90% of the time. What can u do as the sole parent in their lives, and can he come and go as he chooses and them have to go if they don't want too? I am working on modifying our order should I get a lawyer ?
Family Law Attorney
You already know the answer to your own question, I think. Yes, you'll need to file a motion to modify the custody order. You can learn more about the laws that govern this process here: http://www.northwestlawoffice.com/custody.html
And yes, you should get a lawyer. Representing yourself is like performing surgery on yourself, and with no medical training. It's legal, but you're likely to hurt yourself.
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Family Law Attorney
Read your custody judgment. If he has a parenting time schedule, you need to follow it even if he often does not want to exercise his parenting time rights.
Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.