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MODIFICATION

crazy for coffee's picture
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I was wondering, does anyone know what forms you would have to fill out to modify a parenting plan. I am from Oregon. It's for the holidays, Birthday to be specific. Every year it's a fight about the birthday and DH wants to have separate parties because BM is very controlling, but BM threatens contempt saying that it's in writing and it's in the Parenting Plan that there is to be a joint celebration but it is becoming too much. We don't want any problems from her and want to get it changed.

StickAFork's picture

Does the CO actually spell out they are to throw a joint party? (If so, wow, that's the first time I've ever heard of that. Lucky you!)

If that's the case, though... yeah, I guess a modification is necessary. Although, without knowning the specific language of the order, I can only guess that a contempt conviction would be a really hard sell.

Also, doing a full modification over one day a year seems like using a meteroid to kill a flea. They can be very involved, time consuming, expensive, and emotionally draining. Honestly, I'd suggest just doing something else for the birthday next year and seeing what happens.

crazy for coffee's picture

Well the pp has a list of holidays and a rotation of odd and even years. Say DH had him for Christmas last year, an odd year, BM would get him this year, even year and so on for all the holidays. For the Birthday it says under every year there is to be a joint celebration. DH plans on calling the court house to see how much it would be. We had a party planned on a day that wasn't on ss birthday. She invites herself then says we have to figure something else out because she has people that cant make it and DH didn't talk to her first about planning it and goes on to say he agreed to it and it's writing that they have to do it together. She wanted him to pay half for a 200.00 party at a blow up jumping place, while she gets child support and is on welfare that money could be put to better use. Now six months until ss b-day she is starting in and arguing with DH, calling and texting, at the moment we aren't answering her calls or texts 'not sure if he can get into trouble doing that' she is being very unreasonable.

crazy for coffee's picture

I will have to take a closer look at it, that does make sense though. I'm hoping they just have to share the day that would make things a lot easier.

crazy for coffee's picture

It says Childs Birthday, under every year, "Parents will have a joint celebration". Does that mean he has to pay for it since she gets child support and we plan on having our own party anyway? He has work every Sunday, ss Birthday is on a Sunday, we told her this. She said it doesn't have to be on a Sunday. It's all very weird.

StickAFork's picture

:jawdrop:
Well, I'll be. First I've ever heard of something so crazy.

DH and BM had the kids each for "every" birthday, but they split time on the day. (So ludicrous for teens, gah!!) You know, one got the first half, one got the second half. Then there's school... So stupid.

Rant over.
It sounds like you're actually supposed to have a joint celebration. Blech!!

dontcallmestepmom's picture

I agree.

rjdeandg's picture

I've never heard of that, actually in my and my exh pp I had stated joint bday parties but the facilitators told me that the courts wouldnt accept that, because they could not force us (me and my ex) to spend time together so I had to specify eoy,however we get along and still throw joint parties, but If that were to change it'd go back to the co pp of eoy, were in WA .

Rags's picture

First, have you or DH actually read the CO/Parenting Plan regarding these issues? I would be very surprised if the stipulation of a joint B-day party was in the CO/Parenting Plan. It may split B-days between BioMom and BioDad but forcing a joint party is unlikely IMHO. Even the idiot bottom 10%ers of the legal profession who sit on the family law bench in the Peoples Republic of Oregon are not that stupid.

It is absolutely imperitive that you get a copy of the CO/Parenting Plan. It is also imperitive that you get a copy of the supplemental rules for the Oregon county where the CO was issued. I believe that all counties in Oregon have supplemental rules governing visitation/custody/support. This link is an example of what I am speaking of.

http://courts.oregon.gov/Multnomah/docs/CourtRules/SLR2012EffectiveFebru...

Google "Oregon Supplemental Rules (Your county) and print them up and keep them with your copy of the CO/Parenting Plan. These are your best tools for smacking some clarity in to BMs cranium when she gets stupid.

If the judge that ruled on your Skid's CO was stupid enough to put the stipulation of a joint birthday party in the CO it is fairly easy to file for an ammendment or request for clarification from the judge. We had to do this regarding end of visitation timing when my SS's SpermClan refused to return him on time following one of the first visitations under the CO when SS-20 was 1yo.

The judge clarified very firmly that a visitation began on the first day and ended on the last day with the child leaving to travel to SpermLand and ending when the child arrived back home. They SpermClan was playing bullshit stupid toothless moron games over travel being on my wife's time rather than on their visitation time.

We faught and won a 17+ year blended family battle in Oregon. In my experience Oregon courts are very pro resident. If you live out of state (we did the whole duration of the CO) or in a different county the dipshit judge in the county where the order was issued will tend to be blindly biased towards the BioParent who is resident in that county. Not an insurmountable problem if you keep complete detailed records and are fully versed in your specific court order and any supplemental rules that apply.

Our CO clearly stipulated that the NCP (BioDad in our case) can have the SKid for his birthday during summer visitation but never two years in a row.

My personal blended family history is that I am dad to my SS-20 and have been married to his mom for 18 years. She had SS out of wedlock when she was 16 and the SpermIdiot was 22. She went on to finish HS with honors and graduate with her class, a dual major BS with honors, an MBA with honors and is now a CPA. SS is our only child but the oldest of four out of wedlock SpermIdiot spawm by three different baby mamas. The last we heard DipShit lives in a home owned by his parents and pays no rent, his youngest three spawn live with SpermGrandPa and SPermGrandMa with no help from DipShit. The SGPs paid DipShit's CS obligation to my son. That was a nice tid bit of info when we kept the SpermClan in court.

Anyway, I am happy to share what worked for us as far as navigating Oregon family law courts. All IMHO and experience of course.

Good luck.

Best regards,

UPDATE* I just read the entire thread. Apparently the dipshit bottom 10%ers of the legal profession who tend to sit on the family law bench in Oregon really are that stupid!!!! My appologies for assuming that you had not read the CO.

I had a smidge of hope that not even an Oregon family law judge would sign such an idiot stipulation but I guess I was wrong. WOW!!!! :jawdrop: There really is no hope for Oregon. A beautiful place full of legal profession idiots! My wife is gonna love this one. She has pretty much written off any hope of intelligence for her home state judicial system. I think this is going to be the final nail in her opinion of Oregon. Biggrin Wink It is definately a beautiful place to visit but I would not want to live there when idiots have sway over my family.

Orange County Ca's picture

From what you've said the order does not require that he go along with her plans. Let her do and pay whatever she wants. He just sends her a one time notice that he's no longer participating (can afford) in birthday parties. Let her rant and rave - setting up a contemp case would be close to impossible with wording like that.

Like most visitation type orders he can simply bow out. Birthdays are highly over-rated and it would be much simpler, easier and certainly less expensive if he simply told her to go ahead and do whatever she wanted that he would not be there.

Then the next time the kid is at his place he has a quiet celebration of a single gift, ice cream and cake after the daily family meal.

In the coming decades the kids won't remember the parties but they will remember the stupidity of parents fighting over how to put them on.