How Do I Enforce An Out-Of State Child Custody And Parenting Time Judgment?

Many of our clients are faced with the prospect of enforcing an out-of-state custody determination following a relocation to the state of Oregon. The registration of out-of state judgments or orders is a common occurrence in today’s mobile society.

We can help you enforce your out-of-state child custody and parenting time judgment, call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free consultation.

A FOREIGN JUDGMENT MUST BE REGISTERED TO BE ENFORCED OR MODIFIED.

An out-of-state judgment is know in legal terms as a foreign judgment. Pursuant to ORS 109.787, a child custody determination issued by a court of another state may be registered in the State of Oregon with or without a simultaneous request for enforcement.

An Oregon court may enforce a judgment from another state if one parent is not following the provisions of the judgment or order and the party is located in the state of Oregon. The enforcement of a foreign judgment begins with the registration of the out-of-state judgment in an Oregon Circuit Court. In emergency circumstances, it is possible to file the enforcement or modification papers immediately. Here, the registration process should be commenced at the same time as the request for enforcement or modification

To register an out-of-state judgment, it is necessary to obtain a certified copy of the out-of-state judgment or order to be filed with the court. Thereafter, any person acting as a parent who has been awarded custody, parenting time or visitation in the judgment must be served with (1) a notice informing them of the right to contest the registration; (2) a true copy of the judgment or order that is being registered; and (3) an affidavit or declaration which complies with the registration requirements. The filing fee under ORS 21.145 must also be paid to the court.

The rules and requirements for enforcing an out-of-state custody or parenting time determinations are complex and require a skilled out-of-state child custody and parenting time enforcement attorney. It is essential to have a full understanding of the Uniform Child Custody Jurisdiction and Enforcement Act to be successful in this area of law. Get the help you need to protect your family.

CONTACT PAUL F. SHERMAN FOR EXPERT ADVICE ON ENFORCING OR MODIFYING YOUR OUT-OF-STATE CHILD CUSTODY AND PARENTING TIME JUDGMENT.

We know you have questions and we have answers. If you would like to know more about the registration and enforcement of out-of-state child custody and parenting time judgments, contact the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free consultation.

 

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About pfs2law

LAW OFFICES OF PAUL F. SHERMAN
This entry was posted in Custody, Divorce, Emergency Custody, Family law, Immediate Danger Orders, Modifications, Parenting Time, Uncategorized, Visitation and tagged , , , , , , , , , , . Bookmark the permalink.

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