Modification Of Custody in Oregon

After the divorce is over, if there is a substantial change of circumstances involving custody of children, either party may seek a modification of custody granting him or her sole custody of the children. The party seeking sole custody must demonstrate how sole custody would be in the best interest of the children. Factors that must be considered by the court in determining the best interest of the children are set out in statute and must be addressed by the parent seeking sole custody.

Custody - if custody is joint and one or both parties find it impossible to agree on issues pertaining to the children, either party may seek a modification of custody granting him or her sole custody of the children. The party seeking sole custody must demonstrate how sole custody would be in the best interest of the children. Factors that must be considered by the court in determining the best interest of the children are set out in statute and must be addressed by the parent seeking sole custody.

A change of sole custody from one parent to another is more difficult. The court frowns on moving children from one sole custodial parent to another unless the change is based upon health, safety and welfare issues of the child or the court finds that the child is in danger while in the custody of the parent granted custody in the original decree. However, as children get older their choices regarding which parent the child prefers to live with will be given more and more weight.

Child Support - changes in the income of either parent or the child himself, emancipation, or unanticipated mental or physical incapacitation of a child may result in child support being changed. The parent seeking the modification must prove that a substantial change in circumstances has occurred which affects the child support calculation or duration.

Spousal Support - a change in circumstances may cause spousal support to be increased, decreased or terminated. The party seeking the change in spousal support must prove the change in circumstances. Any change in spousal support is at the discretion of the court based upon how prior similar cases were handled and the unique facts of the case before it. It is more difficult to modify spousal support than it is to modify child support.

Property Distribution - The rule is that property distribution is not modifiable. In general that is true. Once the the court has ruled or the parties have settled and the decree has been entered and is final, the property distribution may not be modified unless there has been a mistake, either clerical or on the part of the parties regarding their property. The only other time property distribution is modified is when one or both parties conceals assets which are later found.

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