Fill and Sign the Custody Parenting Forms

Unmarried Parents; Custody, Parenting Time and Support Response Forms and Instructions Packet No. 6 Instructions I. General Information: Use black ink or type when you fill out your forms. Always file the original forms with the clerk. Be sure and make yourself an extra copy of any document before you file it with the clerk. Keep the court informed of your current address. It is your responsibility to keep the court informed of your current address. You are the respondent. Since another party filed the petition to start this case, he or she is the petitioner and you are the respondent. Make sure you fill in the petitioner and respondent blanks at the top of the forms. Case number. The papers that were served on you should have a case number near the top of the page in the case heading. Be sure to fill in this number where it says “No.” on your forms. Signing the forms. The response in this packet has to be notarized, or signed in the presence of a court clerk. Wait to sign the response in front of the notary or court clerk, and bring picture ID with you. Many local banks provide notary services. Also, the response form says on the bottom, “I certify that this is a true copy”, and provides a place for you to sign below. Don’t sign this line on the original form or on your own cop y. You only need to sign this line on the copy that is served on the other party. This step is required so the other party knows the copy is the same as the original you filed with the court. Optional Waiver of Personal Service form. There is an optional form located in the back of this packet that allows you to waive your right to personal service. After your judgment is final, you have the right to be personally served with a contempt charge if the other party believes you haven’t followed the provisions of the judgment. If you want to keep your residential address confidential, this form allows you to list a mailing address, business address or a specified agent, and waive your right to be personally served (to have the papers actually delivered to you in person). Should you choose to use this form, you are responsible for making sure that all papers delivered to the specified address are actually delivered to you. Representing yourself. Many important decisions are made for you during a custody case, and people are usually better off if they are represented by an attorney. We strongly recommend that you seek legal advice and representation to protect yourself. If you aren’t able to hire an attorney, an explanation of the process you will go through is described below. II. Step 1. To complete step one, you must: Unmarried Parents; Custody, Parenting Time and Support Response Forms and Instructions Packet Number 6 Instructions1 (1) fill out the “Response” form, file the original form with the court and pay the filing fee of $206.00, (2) send a true copy of your response to the petitioner, or to petitioner’s attorney if he or she is represented, (3) fill out “Respondent’s Certificate of Mailing” and file the original with the court, and (4) register for the Children Cope with Divorce class within 30 days of the date you were served with papers. You may get an extra registration form at the accounting window on the first floor of the courthouse. You must file your response and pay the court filing fee within 30 days of the date you were served with the petition. If you can’t afford to pay the fee, you may request that the court waive or defer payment of the fee. To do this, you must ask for the fee deferral forms at the information window on the first floor of the courthouse, fill them out, and file them with the court. (If the judge “defers” your fee rather than “waiving” your fee, you will be required to pay all deferred fees back to the court at a later date.) III. Step 2. The general court process you will go through is described below. Custody and parenting time issues. If you and the petitioner disagree on child custody or parenting time (visitation) issues, the court will refer your case to mediation. A mediator is a neutral party who will help you talk about the issues, and agree on a way to resolve the disagreement. You usually don’t have to pay for the mediator’s services. There is only a resolution in mediation if you and the petitioner agree. You must attend COPE (the parenting class at the YWCA) prior to attending mediation. Support issues. If you and the petitioner can’t agree on child support, a judge will determine whether either party should pay support, and the amount of support that should be paid. Status conferences. You and the petitioner (or his or her attorney) may be required to meet with the judge assigned to your case periodically. The reason the judge has these conferences is to make sure the case is proceeding through the system smoothly, and to make decisions on how the case should be handled along the way. IV. Step 3. After you have gone through the processes described in step two, either you or the petitioner (or his or her attorney) will need to prepare a final judgment for the judge to sign. A final judgment is a document that finalizes your case and contains all of the issues decided in mediation and trial. The section of the judgment beginning on page eight labeled “Required Information About the Parties” refers to information that Oregon law may require the parties to provide. Oregon law requires the parties to provide the following information regarding each party if the judgment contains a provision Unmarried Parents; Custody, Parenting Time and Support Response Forms and Instructions Packet Number 6 Instructions2 regarding child support: residence, mailing or contact address, social security number, telephone number, driver license number and the address and telephone number of all employers of each party. ORS 25.020. In addition, Oregon law requires that the following information be provided in all money judgments: (1) the name and address of each judgment creditor (the person who is owed money) and his or her attorney, and (2) the following information about the judgment debtor (the person who owes money): address, date of birth, Social Security number, driver license number and state of issuance, name of attorney, and (3) the name of any person or public body known by the judgment creditor, other than the judgment creditor’s attorney, who is entitled to any portion of a payment made on the judgment. ORCP 70. Please note that it is the responsibility of the parties to fill out the judgment completely (with the exception of the judge’s signature line) unless the judge has directed otherwise. Before you submit the original, you should make three copies: one is for you, one is for the other party and the third you will submit to the court with the original (the court will forward this one to the Department of Justice, Division of Child Support). You must file your COPE certificate of completion with the court before the judge will sign the judgment. Please stop by Dissolution Resource Services during office hours if you need help with this step. V. Step 4. Once the judge has signed the judgment, your court case is done. If there was an existing child support order when this case was filed, and the final judgment in this case says that the other order is now “satisfied” or “superseded” (see page five of the judgment), the parties to this case are responsible for providing a certified copy of the judgment in this case to the court or agency that issued the first child support order. Unmarried Parents; Custody, Parenting Time and Support Response Forms and Instructions Packet Number 6 Instructions3