When parents go through a divorce, child custody is one of the most important issues to be addressed. However, circumstances can change, and a custody order that was once appropriate may no longer be in the best interests of the child. In Oregon, it is possible to modify custody orders, but the process is complex and requires adherence to specific legal requirements. In this article, we will provide a comprehensive overview of how to modify custody orders in Oregon divorce cases.

Legal Standards for Custody Modification

Before diving into the specific steps necessary to modify custody orders in Oregon, it is important to understand the legal standards that must be met. In general, a court will only modify a custody order if there has been a substantial change in circumstances that affects the best interests of the child. Additionally, the court will typically require evidence that the modification is necessary to serve the child’s welfare.

Filing a Motion to Modify Custody

To start the process of modifying a custody order in Oregon, the first step is to file a Motion to Modify Custody with the court that issued the original order. The motion must set out the facts that support the requested modification and explain how the current order is not in the child’s best interests.

Serving the Other Parent

After filing the Motion to Modify Custody, it is necessary to serve the other parent with a copy of the motion and any accompanying documents. Oregon law requires that service be made in a specific manner, which typically involves delivering the papers in person or by mail.

Response from the Other Parent

Once the other parent has been served with the Motion to Modify Custody, they will have an opportunity to respond. They may file a response that either agrees or disagrees with the proposed modification. If they agree, the parties may be able to reach an agreement outside of court, which may be approved by the judge. If they disagree, the case will proceed to a court hearing.

Attending a Court Hearing

In most cases, a court hearing will be necessary to resolve the dispute about custody modification. At the hearing, each party will have an opportunity to present evidence and make arguments in support of their position. The court will then make a decision based on the evidence and arguments presented.

Factors Considered by the Court

In deciding whether to modify a custody order, the court will consider a variety of factors related to the child’s well-being. Some of the most common factors include:

• the child’s relationship with each parent;
• each parent’s ability to provide for the child’s needs;
• the child’s emotional and physical needs;
• any history of domestic violence or substance abuse;
• any other relevant factor that may affect the child’s best interests.

Finalizing the Modified Custody Order

If the court decides to modify the custody order, a new order will be issued that reflects the changes. In general, the modified order will specify which parent will have custody and how much parenting time the other parent will have. Once the order is issued, the parents must follow its terms or risk being found in contempt of court.

Conclusion

Modifying a custody order in Oregon can be a challenging process, but it is possible with the right information and legal assistance. If you believe that a change in circumstances warrants a modification of your custody order, it is important to consult with an experienced family law attorney who can guide you through the process. By working with an attorney, you can ensure that your rights are protected and that the best interests of your child are served.