Question about custody and traveling abroad

[jjunior1976]

Hi,

I am the custodial parent of our 9 year old but I share 50/50 parenting time with the other parent. I would like to be away from the country for 9 months and I know the other parent won't allow me to take our son with me. I am planning on asking him/her to take care of our son while I am away and I pay for daycare on the percentage of time that our son suppose to be with me and he/she will not need to pay me child support during that time. I would also ask if our son can be with me during school breaks including summer vacation.

My question is if the other parent could file for changing the custody of our son and if I am at risk of losing my parenting time when I return to living back in this country. I still plan on returning to the same place so I can still be close to where our son lives with his other parent. I am asking this because I read somewhere that when one parent is not able to care for their kid as indicated in the divorce agreement the other parent may file for taking full custody and parenting time. I live in the state of Oregon so this needs to apply to this state.

I am also wondering if I need to do some legal procedure before I leave so we have an agreement in writing of what will happen (in terms of where my son is and when) when I am away and when I return.

Thanks in advance!

[ocean]

You have a few options:
1. File in family court asking to take child with you (if it is considered a safe country and child will be supervised /school/daycare while you are at work. Many parents are able to bring child with them and it is a great experience. Offer other parent more time now until you leave, offer skype sessions while you are there.

2. File in court a brief change in parenting plan in court so other parent does not go to court and file full custody while you are away (allowing child to stay in US). You would file modification of visitation due to parent work change for 9 months with strict wording that states you will go back to the 50/50 custody once back in the US and you give other parent 7 days notice of your return. Try to put in wording regarding "both parents agree to not go to court for any custody issues while parent is away for this period" or something like that. If you both agree with this , you can have a lawyer write this up, both sign, and FILE IT WITH COURTS. Make sure it is filed before you leave.

3. Do the same thing in #3 but have it notarized at the very least to have some protection.

You would pay for all travel costs of visits. Since other parent already has 50/50 custody , both have rights for schools, doctors, emergencies. Maybe even add a line "Other parent will not move child from school district unless both parents agree or there is a change in court order"

[Waylon]

My question is if the other parent could file for changing the custody of our son and if I am at risk of losing my parenting time when I return to living back in this country.

The short answer is "yes" and "yes". After 9 months it's entirely possible that a petition for a change in custody would be heard and granted. Take a look at "substantial change in circumstances (http://deltabravo.net/cms/plugins/content/content.php?content.178)" and you'll see that this is indeed a possible outcome.

[jjunior1976]

Both of your responses are very helpful.

Thank you so much for your prompt response.