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.
Other Divorce Frequently Asked Questions
- Can I File For Divorce In Oregon If I Don’t Know Where My Spouse Is?
- Can My Spouse Keep My Children From Me While Our Oregon Divorce Is Pending?
- Do I Have To Move Out Of My Home During A Divorce?
- Do Stepparents Have Rights In An Oregon Divorce?
- Do You Have To Go To Court To Get A Divorce?
- Does A Non-Custodial Parent Automatically Have Parenting Time After An Oregon Divorce?
- Does It Matter Who Files For Divorce First In Oregon?
- How Do Courts Determine Child Custody in an Oregon Divorce?
- How Do I File For Divorce In Portland?
- How Do I Make Sure My Assets Are Kept Safe From My Ex-Spouse?
- How Do I Separate From My Spouse?
- How Does Divorce Impact Financial Aid For My Child’s College Education?
- How Does The Process Of Serving Divorce Papers Work?
- How Is Debt Divided During Divorce?
- How Is Property Divided During Divorce?
- How Long Do You Have To Be Separated To Get A Divorce?
- How Long Does It Take To Get A Divorce?
- How Much Does A Divorce Cost?
- How To Start A Divorce Conversation?
- How To Start A Divorce Process?
- Is It True That I Will Need To Complete A Parenting Class Before The Court Finalizes My Divorce?
- Is There A Waiting Period Before A Divorce Is Granted In Oregon?
- Should I Move Out During The Divorce?
- What Am I Not Allowed to Do During a Divorce?
- What Are The Grounds For Granting A Divorce In Oregon? Do I Have To Prove That My Spouse Did Something Wrong?
- What Do I Ask A Divorce Attorney in Oregon?
- What Documents Do I Need To Bring To A Divorce Lawyer?
- What Does a Collaborative Divorce Mean for Oregon Parents?
- What Happens After I File For Divorce In Portland?
- What Happens in a Divorce if My Spouse/Partner Has All the Debt in Their Name?
- What Happens in a Divorce if My Spouse/Partner Has All the Property in Their Name?
- What Happens To My Art Collection If I Get Divorced In Oregon?
- What Happens To My Boat If I Get Divorced In Oregon?
- What Happens to My Retirement Account if I Get a Divorce in Oregon?
- What Happens To My Vacation Home If I Get Divorced In Oregon?
- What Is A No-Fault Divorce?
- What Is Considered Grounds For Divorce In Portland?
- What Is Separation?
- What Is The Process For A Divorce?
- Why Should I Contact A Divorce Lawyer Before Filing?
- Why Would The Court Reject My Divorce Paperwork?
- Will My Spouse Get My Inheritance After We Divorce?
- Will Obtaining A Restraining Order Against My Spouse Help Me In My Divorce?