Can a legal aid file a motion for modification?

Question:

My ex wife, who is the custodial parent of our son, has denied me phone time for almost a year. Prior to this, I always had our child call her when he was with me. I finally had enough since our child did not ask to speak with her so sometimes we wouldn’t call. She threatened legal action. But per our licensed clinical social worker, phone time has to be fair, which she wasn’t allowing. She is now planning on using legal aid to modify the order to make me have him call her. Can a legal aid attorney file this motion?

 

 

 

 

 

Answer:
Yes, so long as he or she is a licensed attorney in Oregon, a legal aid attorney can represent your ex-wife and file a motion on her behalf.  What does your Court Order say?  Does it say that both of you are required to allow the other parent phone time?  If it does, then you are both violating a Court Order.

You will want to review her motion with a domestic litigation attorney.  You should be sure that this is the only provision she is asking the Court to add or modify.  You need to consult an attorney licensed in Oregon as custody and placement laws vary from state to state.

 

 

Erica Christian is an Associate Attorney in the Milwaukee, Wisconsin, office of Cordell & Cordell, P.C. She is licensed to practice law in the state of Wisconsin. She is a member of the Wisconsin Bar Association, the Family Law Section and the Children’s Law Section.

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