How to Respond to Oregon Custody Paperwork
If your co-parent served you with custody papers, you might feel stressed or confused about what to do next. The most important thing to know is that you can deal with this situation on your own; you don't need a lawyer.
This guide walks you through your options and explains where to find free court forms and help.
Option 1: You got served with custody papers from another state
Before filing any paperwork, talk to a family law lawyer in the state where your co-parent filed for custody. A lawyer can help you understand:
- How much time do you have to respond? (It's often 30 days or less.)
- Whether it’s possible to stop the case or transfer the case to Oregon.
- The steps to stop or transfer the case.
- The laws in each state and how they may affect the outcome of your case.
Option 2: You agree with everything in your co-parent's paperwork
If you agree with everything in your co-parent's paperwork, you do not have to take any action.
Your co-parent can file additional paperwork with the court to finalize the case. The final decision will match what they asked for in their court paperwork.
Option 3: You don't agree with everything in your co-parent's paperwork
You must file a form called a "Response to Petition for Custody and Parenting Time and Child Support" with the court within 30 days if you disagree with the paperwork.
How to file a response:
- Get free court forms from the court website.
- Fill out your forms.
- Get free help from a court facilitator if you have questions.
- Turn your forms into the same courthouse where your co-parent started the custody case.
Here's what else you need to know:
- You need to act quickly: In most cases, you must file your response within 30 days from the date you got the custody papers.
- If you can't file a response in 30 days: Text or email your co-parent (or their attorney). Tell them you plan to file a response. By sending this simple message, you trigger a special court rule (ORCP 69B) that requires your co-parent to give you more time to respond.
- If you don't file a response: The other side can wrap up the case without your involvement. They'll get everything they asked for in their court papers.
Summary
- Going through a family breakup is tough. But knowing what to do and understanding your options is important.
- If you get custody papers from your co-parent, it's important to act quickly. You often have 30 days or less to take action.
- You can handle this situation yourself; you do not need a lawyer. The Oregon courts provide free court forms and free assistance with filling out forms.
Frequently Asked Questions
Getting served means your co-parent started a custody court case and gave you a copy of the custody paperwork they filed with the court.
If your co-parent hasn't finalized the case:
- Text or email your co-parent: Tell them you plan to file a response. By sending this simple message, you trigger a special court rule (ORCP 69B) that requires your co-parent to give you more time to respond.
- Turn in your court papers late: The court will usually accept your response even if it's late.
If your co-parent has already finalized the case, you can ask the court to reverse the decision if you have a really good reason why you didn't file your response in time.
Good reasons for missing the deadline include:
- You didn't get the custody papers until after the 30-day deadline.
- You got injured or extremely sick after you got the papers and couldn't respond.
- You had another emergency that prevented you from responding within 30 days.
Talk to a family court facilitator or attorney for help with this step.
No. But if you don’t respond, your co-parent can finish the case without your involvement. The custody case will end with the terms your co-parent laid out in their court paperwork.
If you want input on custody and parenting time or child support, you must file a form called a "Response to Petition for Custody and Parenting Time and Child Support" with the court within 30 days.
You can download custody response forms and instructions on the court website.
No. Many people respond to custody papers without the help of a lawyer. Oregon has free court forms you can use. You can download custody response forms and instructions on the court website.
However, if your co-parent filed for custody in a different state, you should talk to a lawyer in that state before responding.