Trying to get custody? If you have been served court papers take them to a local attorney ASAP. This is serious. If he is just threatening to get custody, ignore him. Talk , without action, is worthless.
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 27 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.
In what way is your ex-whatever (ex-husband?) "trying to get custody"?
If he's filed a motion to modify the custody and parenting time provisions of your custody judgment, then you need to file a response. You must do this within 30 days of being served with the motion, and must send him a copy. The court will then schedule a hearing date. In between now and then, there are all kinds of things you can do to gather evidence. The legal standard for custody decisions is, what is in the children's best interests? If you've had primary legal and physical custody for some time, he's unlikely to change that; but he will have the right to see the children, and to modify the parenting plan to reflect his new residence. The court may yell at him for ignoring the kids, but he won't be prohibited from seeing them in the future on that basis alone. Courts have a mandate to encourage a relationship between a child and both of their parents.
If you do not file a response in time, then he may win his motion automatically, however poor his case might be otherwise. So if you've received any legal documents, don't delay in dealing with it. You should consult with an attorney in private if you're needing to file things in court and have questions about the process.
If you have not received such a motion, then don't worry about it until you do. I agree with Ms. Gruber - talk is cheap. However, if he's just asking to see the children, you should probably let him. Courts look with disfavor on parents who seek to interfere with the relationship between their children and the other parent - even if that parent hasn't made it easy.
Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin<br> Bodzin Donnelly Mockrin & Slavin, LLP<br> 2029 SE Jefferson Street, Suite 101, Milwaukie, OR 97222<br> <br> Telephone: 503-227-0965<br> Facsimile: 503-345-0926<br> Email: firstname.lastname@example.org<br> Online: www.bodzindonnelly.com
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