If the parents are not married and paternity has not been established, the mother has custody and the father does not have the right of custody or education. If the parents are not married and the paternity has been established by signatures on the birth certificate or by legal action (often dealt with by the child care service or district attorney), custody of the parent who is the child`s physical caretaker may have been granted by law, although no court decision says so. If paternity has been established and there is no law or court order giving custody of a parent, both parents have the same custody. See question 58. The term “parental leave” is a term used by the courts instead of “visiting.” The duration of education means legal contact between the non-custodial parent and the child. Not if you walk away from the other parent within 60 miles (unless a court order tells you to resign for this short move). As a general rule, custody orders other than injunctions must communicate to the other parent and the court a relative who is more than 60 miles away. But you don`t need to give this message if you can show the judge that you have a good reason not to. If, in the past six months, you are afraid of your spouse for physical abuse or threat of physical abuse, you should be able to obtain temporary custody as part of a family abuse prevention order. See questions 9, 10, 12 and 78 of the Oregon Family Act. Yes, if the unguarded parent proves that something happened to change custody – for example, the child has been neglected or abused since the date of the last custody.
If there are no new problems in the child`s home, the judge is unlikely to change a custody order, although the un custody parent can now provide a “better” home. In families with more than one child, one or more children live with one parent and one or more children with other parents. (Sometimes called “split retention”) Judges generally do not order this type of conservatory custody. They fear it will hurt the children to separate them. Once the complaint is filed, you can apply for an injunction that will give you custody until a final order is placed. Custody of your child usually goes to the other parent if you die. However, if someone else asks for your child`s guardianship after your death, the judge may take your wishes into account. Often this is done in a will. You can discuss with a lawyer the best way to express your wishes regarding conservatory custody.
For unmarried couples, the answer depends on the legal recognition of the father as the parent of the child. If paternity has not been established, the mother has custody, but she cannot obtain an order to protect the child. The father has no right to custody or education. For more information on fatherhood, please see questions 50 to 63. When paternity has been established, unmarried parents generally have the same rights and obligations to their child as married parents – custody, education time and child care. See questions 64 to 135. An education plan is part of the court order that deals with custody and education time. All child custody decisions must include education plans. Parental plans may have detailed or general terms.
Parental plans should normally set a minimum level of education time for the non-custodial parent.