Oregon law allows for modification of child custody as things change and circumstances require a review. A divorce attorney will know how to instigate a modification case by filing a motion and affidavit which will outline the conditions which warrant a change.
The Courts have found that the following factors may justify a custody modification:
- If the custodial parent is involved in illegal or gross moral misconduct.
- If the custodial parent is neglecting or delegating his or her parenting responsibilities.
- If the custodial parent is putting the child in danger.
- If the custodial parent is unstable.
- If there is an improvement in the noncustodial parent’s situation.
- If there is a move by the custodial parent.
- If there is failure of joint custody.
The criteria for deciding who should have custody of a child is all about deciding what is the best interest of the child. This includes looking at the emotional ties between the child and the attitude each party has toward the child.
If you feel there is sufficient reason to revisit your custody situation, call an experienced divorce lawyer from Portland, OR.
The court cannot consider “the conduct, marital status, income, social environment or life style” of either party unless it can be shown that any of those factors do or may cause emotional or physical damage to the child. ORS 107.137(3).
Ronald Johnston has had years of experience helping families get through the stressful changes of divorce. Call him today. (503) 226-7986.