No, you do not get automatic custody. What you need to do is file the appropriate paperwork to hold Mom in default for failing to respond to the summons in time (assuming you served her correctly). Then you can file a judgment granting yourself custody. After that, your parental rights are secured and Mom can't just come change things unilaterally.
The process of taking a default judgment against someone is much easier said than done. You have to really dot your i's and cross your t's. I handle matters like this on a flat-rate basis. You should retain a lawyer to help you finish your case.
Flat Rate Custody Options
If the mom doesn't response to your motion within 30 days of her being properly served, you can submit to the court a motion and order for default and a proposed judgment (which must be consistent with the relief you requested in your motion). Oregon has a statutory requirement that you give notice in the event of relocation of more than 60 miles, but (unless your judgment provides authorize) you don't need to obtain consent to relocate. If you relocate, you will still be required to make you son available for parenting time (unless you modify the parenting time). You should meet with an experienced family law attorney as soon as possible to assist you with these issues.
Kramer & Associates
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