Legal Question in Family Law in Oregon

Recovery of full custody if child abused by ex-husband

I am divorced with full custody of my school-age son. My ex-husband has unlimited visitation rights. Several years ago, he asked me to consider a one week with me, one week with him arrangement. I agreed. Since that time, he has remarried and now is rarely there when my child is in his home. His step-siblings are abusive, and he has recently been found to be evidencing mental problems, including excessive guilt and even suicidal thoughts. Can I change the arrangement back to full custody unilaterally, or am I likely to lose in court should my ex protest, because I have allowed this to go on so long?


Asked on 11/11/97, 12:25 pm

3 Answers from Attorneys

Gerald Hershenson Law Office of Gerald M. Hershenson

Visitation Arrangement

I believe that the arrangement can be changed. Although you have set a precedent the court should look at the best interest of the child. You may want to take you child to a theapist who specializes in children and get an opinion as what is in your child's best interest.

I am not an attorney in your jurisdiction and I suggest you seek the advice of local legal counsel.

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Answered on 11/11/97, 4:05 pm
Jes Beard Jes Beard, Attorney at Law

Recovery of full custody if child abused by ex-husband

As is often the situation in custody cases, the law of the state is less important than the mindset of the particular judge hearing the case... and to get that you need to talk with a local lawyer who regularly handles such cases in fron of the judge.This case could go either way.But the troubling factor about your question is that the title to your question asks about full custody IF the child is ABUSED by the father... but the full text of the question does not even suggest anything resembling abuse.... making me wonder if perhaps you are preparing to manufacture such allegations. If you are keep in mind that this could result in you losing custody entirely... getting sued for money damages by the father, and even being prosecuted for and jailed for perjury.Be careful... and be honest.Such allegations can destroy the lives of the accused, the child, any siblings.... AND the accuser.

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Answered on 11/11/97, 8:42 pm
Alan Pransky Law Office of Alan J. Pransky

Modification of Visitation

Custody is determined by the written orders of the court. These may bein the form of an agreement approved by a judge or an order of thecourt. The written orders are enforceable. If you stick to the visitationrights contained in the agreement, then you cannot be found in violationof court orders. If the orders call for unlimited visitation then you mustgo to court to change them. Usually, there are limits on visitationwritten in the agreement. I suggest that you examine the courtdocuments carefully. If this does not answer your questions then youshould consult a local attorney.

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Answered on 12/25/97, 10:48 pm


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