Update on our Situation...no change

[Lyrael924]

Dear Soc -

Our case is the case of the 8-year-old boy, living in Oregon with mom, who has sole legal and physical custody. We are trying for visitation with him. Dad lives in Illinois and has no visitation rights currently. We have a child support order in place from Hawaii.

As far as we know, mom and child are still in Oregon. We intend to go ahead with filing there, based on what we know of the situation right now. Just wanted to let you know that nothing has changed.

I do have 2 questions:

1) How long does it normally take to get a hearing on an OSC?

2) Is the motion filied with the court, and then served, or does a judge have to sign the OSC before it is served?

Thanks again, Soc.

[socrateaser]

>I do have 2 questions:
>
>1) How long does it normally take to get a hearing on an OSC?

Depends on the county. 15 mins to several days, unless it's an emergency, which your situation isn't.

>2) Is the motion filied with the court, and then served, or
>does a judge have to sign the OSC before it is served?

An OSC is shorthand for "Motion for Order for Respondent to Appear and Show Cause as to why requested relief should not be Granted."

So, you must file and get the "order" to "appear" and "show cause" before you can serve the signed order on your opponent.

[socrateaser]

I assume that you know where the standard forms to modify custody are located, but in case you don't:

[a href=http://www.ojd.state.or.us/osca/cpsd/courtimprovement/familylaw/flpacket4.htm#A]OSC for Custody Mod[/a]

Why don't you go ahead and try to fill them out as best you can, and then you can either ask questions, and/or email them to me for review. Suggestions:

1. Your affidavit in support for the OSC should be pretty close to what you wrote me about why the child needs time with his father.

2. You also should explain that the mother has stated her intent to leave the jurisdiction if you attempt to modify custody.

3. You must state that both the mother and child have resided within the State of Oregon for the past six months, and the facts by which you know this to be true, and the fact that neither parents nor child are any longer domiciled in the State of Hawaii. This gives the Oregon Court jurisdiction over the matter.

4. You have the choice to request a response by written appearance only, or to appear in person. I realize that you have financial issues, however, if you really want to show the court your desire to establish/maintain a parent-child relationship, then you should request personal appearance, and arrange to go to Oregon for the hearing. If you don't, the judge may think, "If this guy's so interested in his child, then why isn't he here and requesting some immediate access to the child?"

[Lyrael924]

Okay, Soc -
That sounds fine - the forms are there, and we might as well use them. Could I finish them (they are almost done anyway) and send them to you for review? If that is not something you are comfortable with, that is fine. We will definitely request a personal appearance - this was our plan all along.

1)And you said you thought we could file the registration and the motion for OSC at the same time. Do you still think that? The registration is completely ready to go out as soon as we can send it.

[socrateaser]

>Okay, Soc -
>That sounds fine - the forms are there, and we might as well
>use them. Could I finish them (they are almost done anyway)
>and send them to you for review? If that is not something you
>are comfortable with, that is fine. We will definitely request
>a personal appearance - this was our plan all along.
>
>1)And you said you thought we could file the registration and
>the motion for OSC at the same time. Do you still think that?
>The registration is completely ready to go out as soon as we
>can send it.

Yes, you can file simultaneously, assuming that the registration is accepted, then you would use that case number on all of the other pleadings.

And you can email them to me. I'd like to see what you've done.