71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3357
 
                         House Bill 3180
 
Sponsored by Representative RINGO
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Provides that parent moving to another state or country
constitutes change of circumstances for purposes of modification
of child custody.
 
                        A BILL FOR AN ACT
Relating to child custody; amending ORS 107.159 and 107.169.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 107.159 is amended to read:
  107.159. (1) In any court order or decree granting custody of a
minor child and parenting time or visitation rights relating to
the child, except for an order under ORS 107.700 to 107.732, the
court shall include in its order a provision requiring that
neither parent may move to a residence more than 60 miles further
distant from the other parent without giving the other parent
reasonable notice of the change of residence and providing a copy
of such notice to the court.
  (2) Notwithstanding subsection (1) of this section, a parent is
not required to give notice of a change of residence if the
court, upon ex parte or other motion of the parent and for good
cause, enters an order suspending the requirement.
   { +  (3) A move by a custodial parent to another state or
country constitutes a change of circumstances sufficient to
modify a custody order. + }
  SECTION 2. ORS 107.169 is amended to read:
  107.169. (1) As used in this chapter, 'joint custody' means an
arrangement by which parents share rights and responsibilities
for major decisions concerning the child, including, but not
limited to, the child's residence, education, health care and
religious training. An order providing for joint custody may
specify one home as the primary residence of the child and
designate one parent to have sole power to make decisions about
specific matters while both parents retain equal rights and
responsibilities for other decisions.
  (2) The existence of an order of joint custody shall not, by
itself, determine the responsibility of each parent to provide
for the support of the child.
  (3) The court shall not order joint custody, unless both
parents agree to the terms and conditions of the order.
  (4) When parents have agreed to joint custody in an order or a
decree, the court may not overrule that agreement by ordering
sole custody to one parent.
  (5) Modification of a joint custody order shall require showing
of changed circumstances and a showing that the modification is
in the best interests of the child such as would support
modification of a sole custody order. Inability or unwillingness
to continue to cooperate   { - shall constitute - }   { + or a
move by a parent to another state or country constitutes + } a
change of circumstances sufficient to modify a joint custody
order.
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