Any Oregon parent who has been through the custody process probably knows the process can be complicated and lengthy. If both parents can agree on a custody schedule, a custody agreement can be drafted and entered with the court.
Jan. 19, 2022
Immediate Danger Petitions in Oregon
Any Oregon parent who has been through the custody process probably knows the process can be complicated and lengthy. If both parents can agree on a custody schedule, a custody agreement can be drafted and entered with the court. When an agreement is not possible, a custody petition must be filed to begin the official custody process.
The reality is that many parents are in situations that require the immediate entry of a custody order. A parent who is a victim of domestic violence, or a child at risk of neglect or abuse from the other parent, often does not have the time to wait through each stage of the custody process.
In these cases, an immediate danger order may be the answer. Oregon law allows a judge to enter an immediate danger order granting one parent custody if it is determined that the child is in immediate danger from the other parent.
Filing the Petition
Either parent may request this through filing an immediate danger petition. This petition may be filed at the same time as filing a new custody petition, or a motion to modify an already-existing custody petition. There must be valid grounds for filing the petition, such as a good faith belief that the child is in danger of immediate harm from the other parent.
After the immediate danger petition is filed, a hearing is scheduled. The parent requesting the hearing must attend the hearing, and the judge will decide if the petition should be granted.
If the petition is granted, the filing parent will receive full custody at that time. If the judge does not believe the child is in immediate danger, the petition will not be granted and the case will proceed through the normal custody process, or the prior custody schedule will resume if an order was already in place.
Although there are situations where an immediate danger order may be warranted, the hope is that most custody disputes can be resolved without the need for court intervention and that an immediate danger petition need only be filed as a last resort. Having the guidance of a professional who can assess the situation and determine the best options is encouraged.
Child custody disputes can be difficult to disentangle, and for a number of reasons. One of the biggest is that many of these disagreements are nothing more than he-said, she-said scenarios.
Prenuptial agreements used to have a negative stigma amongst people in Oregon and elsewhere, but this stigma is fading. Now, many couples especially couples with significant assets understand that a prenuptial agreement is simply a good way to protect your interests should your marriage not last.