Choosing between parents
There are two forms of child custody in Oregon--joint custody and sole custody. Joint custody means that both parents share in making decisions for the child, such as where the child attends school or which religion the child will follow. Joint custody does not mean the child lives with each parent fifty percent of the time. In sole custody, the custodial parent makes all major decisions for the child. Oregon courts decide child custody disputes according to the best interests of the child. The judge considers emotional ties to the parent, any instances of domestic violence, and the child's wishes depending upon his age. A child custody arrangement is not permanent and may be changed if circumstances warrant it.
Instructions
1. Establish paternity. Paternity must be established before applying for child custody. There are two ways to establish paternity. Paternity can be established if the father signs a Voluntary Acknowledgment of Paternity and files it with the State Registrar of Vital Statistics. He can sign this form at the hospital after the birth. If it is a few weeks to even a few years later, he must sign the form in front of a notary. You can receive a Voluntary Acknowledgment affidavit form by calling the Oregon Human Services Department at 971-673-1155. Paternity can also be established by filing an Application for Support Enforcement Services with the courts or the Oregon Child Support Program. There is a $1 filing fee. You can download the form from the Oregon Division of Child Support website.
2. File the Petition for Custody, Parenting Time, and Support with the court. This document allows you to ask for child custody, child support, or parenting time. You can download forms from the Oregon Judicial Department website.
3. Submit the Pending Child Support Proceedings and/or Existing Child Support Orders/Judgments forms. Oregon requires that you, as the petitioner, submit this form. This tells the court if there are any other child support orders or arrangements regarding the children. If child support is granted, the amount is determined by the Child Support Guidelines of Oregon.
4. Pay the filing fee. Filing fees vary from county to county. If you feel that you cannot pay the fee, ask the court to defer or waive the fee.
5. Serve the respondent. Have the other parent served with the court documents. Service can take place by a registered process server, law enforcement officer, or another adult. You may not serve the papers to the respondent. You can serve the respondent by mail if he or she will sign the return receipt. If you are unable to locate the other party, ask the judge if you can publish the documents, for example, in a newspaper.
6. Check for response from respondent. If you do not receive a response, you can ask the court for a default judgment, which means you get what you asked for in the original petition. If the respondent disagrees with the custody requested in the petition, and files a response within 30 days of being served, you will have to attend a hearing or go through mediation, depending on what the judge orders.
Tips Warnings
Be sure to have an attorney look over your paperwork before filing. If you have low income, utilize the Oregon State Bar's Modest Means Program.
Tags: file, child, custody, oregon, child custody, Child Support, child support, decisions child, from Oregon, Joint custody, paternity Paternity
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