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Oregon Changing/Modifying a Judgment and Hearing Evidentiary (Post Judgment)

State:
Oregon
Control #:
OR-SKU-0247
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Description

Changing/Modifying a Judgment and Hearing Evidentiary (Post Judgment)

Oregon Changing/Modifying a Judgment and Hearing Evidentiary (Post Judgment) is a procedure that allows a court to modify an existing judgment, either on its own motion or upon the motion of a party. This procedure can be used to modify the terms of a judgment, such as amount of money owed, or to modify the conditions of a judgment, such as an order of protection. The process begins with a motion to modify or change the judgment, which must be accompanied by an affidavit and other relevant documents. The court then holds a hearing to consider the motion and evidence presented by the parties. There are two types of Oregon Changing/Modifying a Judgment and Hearing Evidentiary (Post Judgment): Modifying a Judgment without a Hearing, and Modifying a Judgment with a Hearing. In the first type, the court can modify or change the judgment on its own motion or on the motion of a party without a hearing. In the second type, the court will hold a hearing to consider the motion and evidence presented by the parties. At the hearing, the court may hear testimony, examine documents, and consider other evidence before making a decision.

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FAQ

As written, Oregon law doesn't favor one parent over the other in custody cases. Both mothers and fathers have equal rights to pursue this course of action. In fact, in most cases, the courts view keeping both parents in a child's life as the best option.

Oregon statutes provide that an abandoned child is a child left under circumstances in which the identity of his parent is unknown and cannot be ascertained, despite a diligent search, and the parent has not come forward to claim the child for at least three months.

But in addition to a contempt action, keeping a child from the other parent in violation of a court order can also backfire by losing custody of the child. This can happen even if the parents share near equal or equal parenting time, such as a 50/50 custody schedule.

Oregon law provides that the Juvenile Court may, under certain conditions, grant emancipation status to a child. The basic requirements are: 1. The person must be sixteen (16) or seventeen (17) years of age, 2.

When the child turns 18, the court no longer has the jurisdiction (power) to require custody or visitation with either parent.

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. Minor children are not considered capable of making such decisions for themselves and are not permitted to ?choose? living with one parent over another.

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. Minor children are not considered capable of making such decisions for themselves and are not permitted to ?choose? living with one parent over another.

More info

This set of forms will help you ask the court to change ('modify') support, custody, or parenting time if you already have a judgment from a court. A motion to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment.A person may modify a judgment after the dissolution is complete. A request to modify a property settlement, child custody case, or alimony case requires filing a "motion to modify. (b) Procedure to Gain Additional Time. (c) The Court's Order. 4.3. Demonstrating a change in circumstance is largely fact based and may require evidence obtained through informal or formal discovery. Modifying a Divorce Judgment or Order. Generally, you may not modify a divorce judgment as it relates to property division, but may do so for other issues. The court may grant the request without a formal hearing depending on the nature of the change.

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Oregon Changing/Modifying a Judgment and Hearing Evidentiary (Post Judgment)