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What is the legal procedure for availing a temporary custody order in Oregon?

What is the legal procedure for availing a temporary custody order in Oregon?

Full question:

I am the mother of a 5-year-old child, residing in Oregon. My marriage dissolution proceeding and an appeal of the custody determination are pending. I want to avail a temporary custody order. What is the legal procedure available in Oregon in this regard?

Category: Minors
Subcategory: Custody
Date: 04/07/2025
State: Oregon

Answer:

A court, upon the motion of a party, may enter a temporary status quo order to either party in a proceeding to modify a judgment that awards custody of a child. The motion for a temporary status quo order must be supported by an affidavit or a declaration under penalty of perjury in the form required by ORCP 1 E. The provisions in this regard has been provided in ORS § 107.138, which has been mentioned below.

“(1) (a) A court, upon the motion of a party, may enter a temporary status quo order to either party in a proceeding to modify a judgment that awards custody of a child after:
     (A) Notifying the other party; and
     (B) Giving the other party an opportunity to contest issuance of the order.
     (b) The motion for a temporary status quo order must be supported by an affidavit or a declaration under penalty of perjury in the form required by ORCP 1 E, setting forth with specificity the information required by ORS 109.767 and the person with whom the child has lived during the preceding year and the child's current schedule, daily routine and usual place of residence.
     (c) Notice to the party against whom the motion for the order is sought must be served at least 21 days before the date set for the hearing. The issue at the hearing is limited to a determination of the status quo at the time the motion for the order was filed.

(2) A temporary status quo order restrains and enjoins each parent from:
     (a) Changing the child's usual place of residence;
     (b) Interfering with the present placement and daily schedule of the child;
     (c) Hiding or secreting the child from the other parent;
     (d) Interfering with the other parent's usual contact and parenting time with the child;
     (e) Leaving the state with the child without the written permission of the other parent or the permission of the court; or
     (f) In any manner disturbing the current schedule and daily routine of the child until the motion for modification has been granted or denied.
***”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What do judges look for in child custody cases in Oregon?

In Oregon, judges consider the best interests of the child when making custody decisions. They evaluate factors such as the child's emotional and developmental needs, the parents' ability to provide a stable environment, and the child's relationship with each parent. The court also looks at the child's wishes if they are of sufficient age and maturity. Evidence of any history of abuse or neglect is also taken into account. Ultimately, the goal is to ensure the child's welfare and maintain their routine as much as possible.

Can you reverse temporary custody?

Yes, you can seek to reverse a temporary custody order in Oregon. To do this, you typically need to file a motion with the court, demonstrating a change in circumstances or that the current arrangement is not in the best interest of the child. The court will then hold a hearing to consider the evidence and make a decision. It's essential to provide sufficient justification for the request to modify or reverse the order.

How to give up temporary custody?

To give up temporary custody in Oregon, you must file a motion with the court requesting the termination of the temporary custody order. This motion should explain your reasons for wanting to relinquish custody. The court will review your request and may hold a hearing to ensure that the child's best interests are considered before making a decision.

What qualifies for emergency custody in Oregon?

Emergency custody in Oregon may be granted if there is an immediate risk of harm to the child. This could include situations involving abuse, neglect, or domestic violence. To obtain emergency custody, a parent must file a motion with the court and provide evidence of the imminent danger. The court can issue a temporary order to protect the child until a full hearing can be conducted.

How long can someone have temporary custody?

In Oregon, the duration of a temporary custody order can vary. Generally, it remains in effect until the court issues a new order or until the conclusion of the custody proceedings. However, the court can set specific time limits on temporary custody orders. It's important to comply with the court's directives and seek modifications if circumstances change.

How to reverse a temporary custody order?

To reverse a temporary custody order in Oregon, you must file a motion with the court explaining why the order should be changed or revoked. This may involve demonstrating a significant change in circumstances or that the current arrangement is not in the child's best interest. A hearing will be scheduled where both parties can present their arguments, and the court will make a decision based on the evidence provided.