Can My Spouse Keep My Children From Me While Our Oregon Divorce Is Pending?

Can My Spouse Keep My Children From Me While Our Oregon Divorce Is Pending?

Under Oregon law, both parents have a right to spend time with a child. If one parent refuses to allow the other parent to see a child during a divorce proceeding, the parent deprived of parenting time can ask the judge to come up with a temporary parenting plan. However, there are only a few situations in which a judge is permitted to issue a temporary parenting time and/or custody order without the presence of the other party, including:

• A parent changed the child's place of usual residence;
• A parent is interfering with the present placement and daily schedule of the child;
• A parent is hiding the child;
• A parent is preventing the child from seeing the other parent; or
• A parent leaves the state without the permission of the court or the other parent.
• The child is in immediate danger.

Once a temporary custody or parenting time order is in place, it will remain effective until the court issues a permanent custody order or modifies the temporary order. Courts prefer for parents to work together to come up with a permanent parenting plan. However, if the parents cannot agree, the court will intervene and make the final decision. When making any child custody decision, the court will always consider what is in the child's best interest.

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