Fill and Sign the Response to Petition for Modification of Custody and Visitation Forms and Instructions Oregon

Modification of Custody and Parenting Time (Visitation) Response Forms and Instructions Packet No. 8 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. Case heading. The case heading is the case number and named people in the court case. The case heading on your forms will be the same as it is on the papers that were served on you. Be sure to fill this information in on all of 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: (1) fill out the “Affidavit Responding to Motion to Modify” form, file the original form with the court and pay the court filing fee, (2) send a true copy of your response to the other party, or his or her attorney if he or she is represented, (3) fill out “Certificate of Mailing of Response to Motion to Modify” 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. 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. III. Step 2. The general court process you will go through is described below. Custody and parenting time issues. If you and the other party disagree on child custody or parenting time issues, the court may 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 both parties agree. You must attend COPE before you attend mediation. Status conferences. Both parties may be required to meet with the judge assigned to the 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. COPE certificate of completion. After you have completed the parent education class, file your certificate of completion with the court. IV. Step 3. After you have gone through the processes described in step two, either you or the other party (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. Please stop by Dissolution Resource Services during office hours if you need help with this step. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF _________________ In the Matter of the Marriage of: ) ________________________________, ) Case No. ________ Petitioner, )  PETITIONER’S  RESPONDENT’S and ) AFFIDAVIT RESPONDING TO MOTION TO MODIFY ________________________________, ) Respondent. ) STATE OF ________________________ ) ) County of _________________________ ) I, ____________________________________, being first duly sworn, say: I am the  petitioner  respondent in this case. I make this affidavit to respond to the motion to modify that has been filed.  I disagree with the following request(s) made by the other party: ______________ Petitioner’s / Respondent’s Affidavit Responding to Motion to Modify 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________  I disagree with these requests because: _____________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Information Required by the Uniform Child Custody Jurisdiction and Enforcement Act. (Please fill in the following blanks) a. The parties’ minor child/ren are: ___________________________________ ________________________________________________________________________ ________________________________________________________________________ Petitioner’s / Respondent’s Affidavit Responding to Motion to Modify 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ________________________________________________________________________ a. The child/rens’ present address is:________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ c. The places where the minor child/ren of the parties have lived in the last five years and the names of the person with whom the child/ren have resided are: Dates County/State With Whom Which Children From:______ to _______ _________________ ______________ _________________ From: _____ to _______ _________________ ______________ _________________ From: _____ to _______ _________________ ______________ _________________ From: _____ to _______ _________________ ______________ _________________  Additional page attached; see section labeled “paragraph C continued.” d. The current addresses of the persons listed above with whom the minor child/ren have lived are: Name Address ________________________________________________________________________ Petitioner’s / Respondent’s Affidavit Responding to Motion to Modify 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ________________________________________________________________________ ________________________________________________________________________  I have not participated in any litigation concerning the custody, visitation, parenting time or placement of the children in this or any other state.  I have participated in the following litigation regarding the child/ren’s custody, visitation, parenting time or placement: Name of Court State Case No. Date Result ________________________________________________________________________ ________________________________________________________________________ I do not know of any other domestic violence, custody, visitation, parenting time or placement proceeding involving the child/ren pending in this or any other state ___ except for: _______________________________________________________________________ (Identify court, case number and the nature of the proceeding) ________________________________________________________________________ I do not know any person (other than the respondent) who has physical custody of the child/ren or who claims to have custody, visitation or parenting time rights ___ except for:_____________________________________________________________________ (List name and address) Petitioner’s / Respondent’s Affidavit Responding to Motion to Modify 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ________________________________________________________________________ Dated this _______ day of _________________, ________. ________________________________________  Petitioner  Respondent, Pro Se, Signature SUBSCRIBED AND SWORN to before me this ___________ day of ______________, _____, by _______________________________________________. _________________________________________ Notary Public for ____________/Court Clerk My Commission Expires: ____________________ Certificate of Document Preparation You are required to truthfully complete this certificate regarding the document you are filing with the court. Check all boxes and complete all blanks that apply. I certify that:  I selected this document for myself.  I was provided this document by an attorney.  I completed this document without paid assistance. Petitioner’s / Respondent’s Affidavit Responding to Motion to Modify 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  I paid or will pay money to _____________________________ for assistance in preparing this document. __________________________________________ Signature __________________________________________ Print Name __________________________________________ Address __________________________________________ City, State, Zip Code ______________________________________ Telephone I certify that this is a true copy: _______________________________________ Signature Petitioner’s / Respondent’s Affidavit Responding to Motion to Modify 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF ________________ In the Matter of the Marriage of: ) ) ________________________________, ) Case No. ________ Petitioner, ) )  PETITIONER’S  RESPONDENT’S CERTIFICATE OF MAILING OF and ) RESPONSE TO MOTION TO MODIFY ) ________________________________, ) Respondent, ) ) I certify that on _____________________________, ______, I mailed a true copy of my Affidavit Responding to the Motion to Modify previously filed in this case:  to the other party directly, at the following address, because s/he has no attorney___________ _____________________________________________________ Petitioner’s / Respondent’s Affidavit Responding to Motion to Modify 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  to the other party’s attorney ___________________________________ at (Name of other party’s attorney) the following address:______________________________________________________ ________________________________________________________________________ _________________________________________________________________. DATED this ______ day of ______________________, ______. ____________________________________  Petitioner  Respondent, Pro Se, Signature ____________________________________ Print name ____________________________________ Address ____________________________________ City, State, Zip Code ____________________________________ Telephone Petitioner’s / Respondent’s Affidavit Responding to Motion to Modify 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Certificate of Document Preparation You are required to truthfully complete this certificate regarding the document you are filing with the court. Check all boxes and blanks that apply:  I selected this document for myself.  I was provided this document by an attorney.  I completed this document without paid assistance.  I paid or will pay money to _____________________________ for assistance in preparing this document. __________________________________________ Signature Petitioner’s / Respondent’s Affidavit Responding to Motion to Modify 11