Oregon Motion and Order to Show Cause Requesting Temporary Custody Pursuant to ORS 109.119(3)(A) and ORS 107.095
Description Temporary Custody Agreement Without Court
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FAQ
In general, a child cannot legally decide which parent to live with unless they are emancipated or reach the age of majority. However, let us assume that parties in a divorce are dealing with a custody and parenting time dispute related to a 16-year old child.
It is a common misconception that there is a magic age when a child can decide which parent they will live with. In both Washington and Oregon, a child can only choose which parent they'd like to live with when they turn 18 or are otherwise emancipated.
A child may be taken into emergency custody because the youngster is in immediate danger and needs protection. The child may also be removed from the home because current living arrangements pose an immediate danger to the child's safety and welfare.
To get an Immediate Danger temporary order, you must file a form called an Ex Parte Motion for Order of Immediate Danger & Temporary Custody and Parenting Time & Declaration in Support.
There is no specific age at which a child can decide to refuse to visit with a parent or change custody arrangements without the court's approval.When the child turns 18, the court no longer has the jurisdiction (power) to require custody or visitation with either parent.
Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child's opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it's not in the
You can ask the court to make temporary orders after you file a Petition. In a post-judgment action, you can ask the court to make temporary orders after you file a Motion (request). Either Petitioner or Respondent may ask for temporary orders.
Filing your forms initiates a court case. The clerk will contact you to give you a hearing date. The filing fee is $252.00. If you cannot afford to pay the filing fee, ask the court clerk for information about filing an application for a fee waiver.
Interim orders (also known as Temporary Orders) are heard usually between 2-3 months after an Initiating Application is filed, and last until the Final Order is made, which is when the case is closed.