In Oregon, custody, parenting time, and child support are always modifiable until a child reaches their legal majority at age 18. In order to modify custody, you must show that a substantial and unanticipated change in circumstances has occurred since the custody was legally established. For example, the custodial parent is no able to appropriately care for the child, perhaps due to substance abuse, neglect, mental health issues, etc. Remarriage or relocation by one or both parents can also demonstrate a sufficient enough change of circumstances to initiate a request to modify custody. With regard to modifying child support, you also need to show a substantial and unanticipated change of financial circumstances, such as: (1) a change in either party’s income or employment circumstances, (2) a recent health issue or physical disability that affects one or both parents’ ability to work, (3) the emergence of special needs in a child, or (4) the birth of a non-joint child to either party.
You can ask that a court modify parenting time without having to show that there has been a substantial and unanticipated change in circumstances. However, you must show that modifying the current parenting plan or parenting time schedule is in the child’s best interests.
I work with clients to ensure that they have a strong factual and legal basis upon which to rest a modification request, or to determine whether a change in parenting time is appropriate.