Under ORS 109.060, unless a parent who files a petition to establish custody requests temporary orders
, then each parent has exactly identical rights to custody of the child pending hearing. In State v. West, 70 Ore. App. 167 (8/9/1984), the Oregon Court of Appeals held that as long as a custodial parent
with joint custody does not act to interfere with the other parent's custodial rights, such as by concealing the child's whereabouts, there is no crime committed by exercising custody against the other parent's wishes.
Conversely, if one parent unreasonably withholds custody from the other joint custodian, then the parent commits the crime of custodial interference. ORS § 163.257.
The generally accepted practice in situations such as yours is to file a motion for the an immediate danger temporary order, so as to remove the potential for any physical altercation with the other parent concerning the child pending the hearing. See this link.
You don't have to request a visitation hearing, because legally you have joint custody right now.
Hope this helps.
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