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AttorneyTom
AttorneyTom, Lawyer
Category: Family Law
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wife and i are legally seperated in oregon she had a child

Resolved Question:

wife and i are legally seperated in oregon she had a child by another man during this time she also has a man living with her and my son who was born in 2004 the child she had by another man was born in 2009 i pay her 1100 a month in support what legal rights do i have
Submitted: 5 years ago.
Category: Family Law
Expert:  AttorneyTom replied 5 years ago.
Hello. Thank you for coming to JustAnswer. I am Thoreau and I am message this answer to you only a few minutes after you asked your question.
Your question is very, very broad. What rights are you specifically wondering about?
Are you wondering about visitation?
Are you wondering about property division?
What exactly would you like to know.
Thank you.
Customer: replied 5 years ago.
we have already divided property in the seperation so no property division i am specifically concerned with custody of my son stopping the spousal support and parenting time since the current parenting agreement she will not uphold i was trying to take my son to disneyland this summer and she wont allow it because she thinks that me taking my son to disneyland wont allow us to build a relationship since i have been in the military since he was born
Expert:  AttorneyTom replied 5 years ago.
Thank you for clarifying. I'm very sorry that your spouse is being difficult and that it's interfering with your opportunity to bond with your son.
If circumstances have changed substantially, that could provide a basis to petition to terminate or modify spousal support. Her cohabitation, an income increase for her, an income decrease for you, etc. could provide a basis to modify or terminate spousal support. As for the custody issue, judges look at that based on what's best for the child. If the judge finds that she's just trying to interfere with your ability to bond with your child, the judge can do a couple of things. The judge has the discretion to modify the order so that you can vacation with your son without providing notice to or getting permission from her (assuming the order currently requires you to). He also has the discretion to order her to facilitate a relationship with you and your child and to stop trying to interfere with it. Judges also often frown on cohabitation with a child present and the judge has the power to modify custody based on the cohabitation or to order that she not have overnight guests or cohabit while your son is present.
Again, I'm sorry that your wife is putting you and your child through that. It's really sad when a parent loses sight of what's good for her child due to her own interests. I wish you and your child the best.
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