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What are the non-custodial parents rights to change the schedule after a parenting plan is in place?

Portland, OR |

I am the custodial parent and been divorced for 5 years. When we did the schedule in the parenting plan, I let him have our daughter 3 weekdays a week based solely on his schedule and wishes. Now he has informed me that he switched jobs and his schedule has changed and wishes to have the complete opposite of what we have now. Unfortunately, it isn't that easy on my end. I have a step daughter whose schedule we have molded to fit around his previous schedule so her and my daughter both are home on the same days. This also means my step daughters mothers work schedule was also changed to accommodate this schedule. I'm not prepared to change, but if he takes me to court, what are the chances he'll be awarded a new schedule?

Attorney Answers 2


At this point you have the right to keep the old schedule. IF he takes you to court he may get the schedule he wants, or he may not. Check out my "legal guides" on this subject. They can be found on my profile page of this website. If and when you are served a motion to change the schedule, give me a call: 503-650-9662, Diane

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.

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Should the non-custodial parent file a motion to alter the parenting plan, the standard is going to be what's in the best interests of the child in this case, and that will override the interests of anyone else involved in the case. However, the court's determination will depend heavily on the specific facts of the case as presented by both parties, so you should consult with a qualified attorney in private to determine the best course to take should you be served with a motion to modify parenting time. My office handles such cases, and should feel free to give me a call at 503.227.0965.

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