How Do I File For Temporary Custody or Parenting Time In Oregon?
What is temporary custody and what is a temporary parenting plan?
Simply put, custody is decision making, and a parenting plan is the parenting schedule and other rules regarding parenting of your children.
When parents separate, one of the most important decisions for them to make is how to craft a parenting plan and custody arrangement that is in their children’s best interest.
However, a couple’s ability to come to an agreement on those issues isn’t always so easy. As is the case for many aspects of a divorce or the separation of a partnership with children, custody and parenting time disputes can be tense.
When a mutually agreed upon temporary agreement can’t be reached, the parents can file a motion for the court to enter a temporary custody and parenting time order, which will provide a stable and predictable schedule for the parents and their children.
Critical details about the child’s custody can also be clarified in a temporary order, including if the parents will share joint legal custody; if one parent will have sole legal custody of the child, the temporary order can define who will have legal custody of the child, as well as factors like parenting time. In this way, the temporary order will operate very similar to how the final custody order ultimately will.
The temporary order will also give the parents, their attorneys, and the court space to continue working on the final custody and parenting time order, as well as protect both parents if either parent tries to move away without the court’s permission or make important parenting decisions that fall outside of the temporary agreement.
The court’s goal is to determine what the best situation will be for the child. The due diligence required for the parties to present sufficient facts for the court to make that decision can sometimes take quite a while, often making a temporary order the best option for families enduring this experience.
How do I obtain a temporary custody or parenting time order?
Generally speaking, if you are seeking a temporary order in a divorce or custody proceeding, you have to first file for divorce, legal separation, annulment, or for custody.
Either party may request temporary orders, and these temporary orders will go into effect as soon as they are signed by the judge, most often expiring only when the final judgment is made.
Short of obtaining a temporary parenting time order, a parent can seek a Status Quo Order, which is an order that requires both parents to maintain a child’s normal schedule (where “normal” typically means what the child’s schedule looked for the three months prior to the petition for the SQO), maintaining the child’s residency, and maintaining normal parenting time.
Parents in Oregon who wish to learn more about these orders can visit courts.oregon.gov or contact a trusted family law attorney to understand their rights, responsibilities, and options.
What are the reasons why you would need a temporary custody order?
Temporary custody orders are also useful in the following situations:
Military service obligations
Prolonged illness of a parent
Child endangerment
Work obligations that disrupt a parents’ ability to engage in decision making
Mental illness or substance abuse
Major decisions that need to be made for the minor children prior to when a final judgment is expected
In these cases, either parent can file a motion asking the court to enter a temporary custody order.
Is emergency custody different from temporary custody?
Not exactly. To obtain emergency custody, you have a different set of evidence to present to the Court in order to obtain relief.
Typically, petitioning for emergency custody — sometimes also referred to as an Immediate Danger Order — is done in situations where a parent believes that their child is in immediate danger in the custody of the other parent.
Parents who believe their children are in immediate danger while in the care of the other parent can file a specific form called an Ex Parte Motion for Order of Immediate Danger and Temporary Custody and Parenting Time and Declaration in Support. In those instances, if you can show the Court that the children are in immediate danger of harm in the care of the other parent, you can get a custody order at ex parte.
If you believe that an emergency order is warranted because your children are in danger, we recommend that you work with an attorney to understand what your legal rights are.
How can I learn more about temporary custody orders in Oregon?
If you’re seeking a deeper understanding of your rights and what’s best for your child pertaining to temporary custody orders, we would encourage you to contact our firm.
DBMA is committed to attentive service, intelligent practice, and productive resolutions. Please contact us today for your confidential consultation.