Gevurtz Menashe Blog

Child custody agreements are legally binding contracts that determine the care and responsibility of children in situations like divorce, separation, or unmarried parents. Parents or legal guardians may need to modify child custody arrangements for a variety of reasons.

 

Understanding the process and requirements for modifying child custody agreements in Oregon is crucial for families navigating this situation. Not only can it help save you time, money, and energy — it can also reduce stress and ensure the focus stays on serving your children's best interests.

 

Working with an experienced family law attorney is always advised in cases that involve changing a child custody agreement. These lawyers have specialized knowledge of child custody laws and custodial rights. 

 

In this post, we'll cover:

• What it means to alter a custody arrangement

• Grounds for modification in Oregon

• Oregon's modification process

• Tips for better outcomes for all parties

 

Note: We’ll just use the term “parent” going forward but the information still applies for legal guardians, too.

A Quick Primer to Child Custody Modifications

Before we talk process, it’s helpful to have a grasp on what child custody and custody modification are.

But First, What Is Child Custody?

Child custody refers to a parent’s legal rights and responsibilities for their children. It typically involves two main components:

• Legal Custody — the right to make important decisions about your child's upbringing (e.g., education, healthcare, religious practices, etc.)

• Physical Custody — where your child lives and their day-to-day care

All the details of child custody are spelled out in the custody agreement.

 

Child Custody Modification Defined

When something in an existing custody arrangement is no longer serving your family, it may be appropriate to adjust the plan so it works better for everyone. A child custody modification is the legal pathway for doing this.

 

State Laws on Child Custody Modification

Without getting lost in the weeds, it might be helpful to be aware of some of the key Oregon child custody laws. Most of the statutes that apply are contained in Chapters 107 (and sometimes intersect with Chapter 109) of Oregon state law.

 

These are some that may be of particular interest:

• ORS 107.106 gives guidelines about the provisions of child custody arrangements.

• ORS 107.135 outlines why and how a custody order can be changed.

• ORS 107.137 lists factors that are considered in custody cases.

• ORS 107.139 makes it possible to get temporary or emergency modifications to a custody order.

• ORS 107.154 ensures that non-custodial parents still have certain rights and authority for their child.

 

Remember, though, that these laws aren’t set in stone — and other areas of law may play a role, too. Your legal counsel will be able to provide you with the most up-to-date and relevant information so you can resolve your case efficiently and get the best possible outcome. 

Why Change a Child Custody Plan

Modification allows parents to formally request changes to an established custody agreement. This could involve altering:

• Visitation rights and schedules

• Decision-making scope and authority

• Parental responsibilities

• A child's primary residence

 

Changing a custody agreement is a serious matter so you must have valid and significant justification. In Oregon, courts may permit modifying a child custody agreement for the following main reasons:

 

• Work schedules. Shifts in work schedules that impact a parent's availability to care for the child or adhere to the custody agreement may necessitate a modification.

• Substantial change in circumstances. This could be major life events — like a job loss or health crisis — or other factors that happened after the original custody order was created.

• Relocation of either parent. Moving out of town or state can disrupt visitation schedules and impact the parent-child relationship.

• Changes in parenting abilities. Any changes in a parent's capacity (e.g., due to substance abuse, neglect, health conditions, etc.) to provide a safe and stable environment for a child.

• Presence of domestic violence or abuse. Removing a child from a risky and dangerous environment may be the best way to protect them.

• Child's needs and preferences (as they get older/mature). Accounting for a child's wants and best interests may evolve as they grow up.

 

The real litmus test is whether or not the proposed adjustment is necessary to better serve the child's needs.

 

You must be able to provide clear evidence and documentation supporting the grounds for the requested changes. This is just one point at which having a knowledgeable and experienced attorney who’s well-versed in Oregon child custody laws is invaluable.

Oregon’s Child Custody Order Modification Process

To instigate a change to your child custody agreement requires following a specific protocol.

Custody Modification Step-By-Step

Every state has its own legal process. In Oregon, the general steps involved in modifying a child custody order are:

• Consult with a family law attorney. Hire a qualified lawyer who specializes in child custody matters to give you current and complete legal advice. Your attorney will facilitate the rest of this process for you and your family.

• File your motion. Submit a formal request to the court to modify the existing child custody agreement.

• Justify the modification. Articulate the specific reasons why you're seeking the modification.

• Go through mediation. In most instances, Oregon requires both parents to attempt to reach an agreement through mediation or negotiation and settle the case before going to court.

• Attend a court hearing. If an agreement is not reached, attend a court hearing where both parties present their arguments.

• Receive judgment. The court will hand down its decision on your petition.

• Get an updated custody agreement. If there are to be any adjustments, the court will issue a modification order based on the evidence presented and the best interests of the child.

 

Once the revised child custody arrangement is issued, it goes into effect. It's the new legally enforceable contract that both parents must follow.

A Matter of Time

How long each step will take and the duration from start to finish of the whole process is hard to determine. The timeline can be affected by the complexity of a case, system backlogs, the level of cooperation among the parties, and so on.

 

However, the system has provisions in place for urgent situations. Authorities are able to intervene if a child’s welfare is imminently endangered. Additionally, if a child is at risk of harm, the mediation step may be skipped so the case can go directly to a court hearing.

Legal Considerations & Best Practices

Custody cases don't happen in a vacuum and aren't decided on a single variable. They're intricate and can get messy if you aren't prepared.

 

Knowing what's being evaluated and weighed in court and adhering to best practices will help.  

Factors Considered by the Court

When it comes to changing child custody plans, the overarching consideration is the child's best interests. The court will prioritize this when assessing modification requests.

 

Broadly, the court will look at variables like:

• Stability and continuity in the child's life

• A child's own wishes

• The parents' bandwidth to meet the child's physical, emotional, and educational needs

• The relationship between the child and each parent

• Record of parental interest and involvement in the child's life

• Evidence of violence, abuse, or neglect that could impact the child's well-being

• Geographic factors like location of residence and proximity of the non-custodial parent

• Quality of care provided for the child

Best Practices for Better Results

• Get legal representation. A family law attorney will have expertise in family law and court procedures, advocate for your rights and interests, and give guidance on presenting evidence and building a strong case. Your lawyer will assist you throughout the modification process, from filing the petition to representing you in court hearings.

• Prove your case. You must demonstrate a need that warrants modification of your custody agreement. Providing adequate clear evidence and persuasive legal arguments go a long way in supporting and strengthening your case.

• Prioritize your child's best interests. This is the starting point for the court so coming at your case from this angle will keep you moving in an aligned direction.

• Get on the court's good side. Show the judge respect and signal your seriousness in this matter by being professional, timely, honest, and forthcoming. Having a positive rapport could impact the ruling.

• Be ready and stay organized. Gather relevant documentation and keep track of all actions and communications related to your child custody case.

Changing Your Child Custody Arrangement in Oregon 

Child custody agreements can be modified for various reasons, like a change in a parent's ability to care for their child or long-distance relocation. In Oregon, modification involves a structured legal process that prioritizes the best interests of the child.

 

Understanding the legal considerations and following best practices can lead to better outcomes for all parties involved. Working with a family law attorney is recommended because the legalities are complex and the outcomes have meaningful and lasting impact.

Contact us for a consultation!