Sometimes the plan you share with your ex regarding custody and parenting time does not work out and you need to change it. Perhaps your ex is interfering with your parenting time and making it difficult for you to see your children according to the terms of your agreement. Maybe you are worried your ex is having problems with drugs and/or alcohol and the problems are affecting the children. Any number of issues may arise after a custody order has been in place.
If you are moving, relocating or making any other change that will require an adjustment in the current custody or visitation agreement, the lawyers at Charles Vincent & Associates can help. We have been helping individuals and families in Eugene, Springfield and throughout southern Oregon with divorce and custody matters for more than 40 years.
What Is Needed For A Change In Custody In Oregon
Generally, to change sole custody from one parent to the other, the parent seeking the change must show there has been a substantial, unforeseen change of circumstances since the last court order relating to the capacity of the custodial parent’s ability to care for the children, and that it is in the best interests of the children to change custody.
If you have joint custody with your ex or if you just want to change a parenting plan, you don’t need to show a change in circumstances. If joint custody or if the parenting plan you have is not working, you need only show it’s in the best interests of the children that a change be made.
In making a determination regarding best interests, the courts consider the following factors:
- Who has been the primary parent
- Whether there has been interference with the other party’s parenting time
- Whether there has been abuse by either party
- The willingness of the parties to work with one another to foster a close and continuing relationship with the other parent
- The preference of the child
- The child’s emotional ties to other members of the family
- Whether or not the current situation should remain the same.
How To Modify Support Orders
Child or spousal support orders can be modified when there are unforeseeable, substantial changes in the economic circumstances of one or both of the parties since the entry of the last order in the case. Changes in income, debt, the loss of a job, medical bills, and sometimes but not always remarriage of one of the parties can be considered when assessing if a support order can be modified.
Talk To An Attorney About Modifying Your Order Today
At Charles Vincent & Associates, we are both experienced trial attorneys and experienced divorce and family law attorneys. We have successfully handled family law cases of all types in Oregon. Our extensive experience allows us to help our clients achieve the best outcome in each case. We protect our clients’ rights with the utmost in privacy and discretion.