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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I live in Oregon. My husband and I are legally separated and

Customer Question

I live in Oregon. My husband and I are legally separated and have five children ages 11 - 16. He lost his rental from overspending & has moved into his girlfriend's house, who is also married and has not filed papers. She has two daughters, ages 2 and 8. Our oldest two children, a daughter 16 and son 15 have decided to live with their dad there. He is verbally abusive to me & kids.

He wants to get our camper and take it to her house for the boy(s) to live in. My middle son (13-1/2) is currently with me (at camp this week) He has been living primarily with his dad but ever since his dad moved into his girlfriend's he has been with me & good with that.

Do I have any rights to tell him that the children cannot stay in the camper or that my middle son does not have to go to live there? The Temp plan gives him 3 oldest kids for 3 wks out of month and one week with me (not observed - oldest 2 don't come here). He does not observe the plan w/regard to youngest 2 girls & neglects them
Submitted: 8 years ago.
Category: Family Law
Expert:  LawTalk replied 8 years ago.
Good morning,

I'm sorry to hear of your dilemma.

You have the right to tell your husband that you demand the visitation rights ordered by the court. Your children don't have to like it. Visitation is about the parents rights to raise their children.

As regards XXXXX XXXXX the camper, there isn't anything that you can do about it unless you'd care to try asking the court to intervene. But sleeping in a camper--especially during the warmer summer months-- probably won't be seen as endangering the kids.

It is too bad that he can't, or won't, exercise his custody rights as to his younger daughters.

I'm afraid that you have no legal leverage as to where your 13 year old son lives. If your husband demands that he live with he and the girlfriend, you'll need to cooperate or be prepared to file a motion for a modification of custody.

I wish you and all of your children the best.

Best regards,

Doug

LawTalk and 2 other Family Law Specialists are ready to help you
Customer: replied 8 years ago.
We have joint custody under the current temporary plan -- do I need to modify the parenting plan then?
Expert:  LawTalk replied 8 years ago.
Good morning,

You need to modify the parenting plan, yes. If he's not interested in seeing the younger girls, then you should be the primary custodian--he should get visitation.

You can modify the custody/visitation any way you want to--any way you can agree on. If he gets squirrelly, ask the court for help. There is no use in him having custody if he's simply going to refuse to exercise it. The court wants to see active parents.

Best regards,

Doug