Frequently Asked Questions (FAQ's)

How does legal marital separation affect child custody arrangements?
During an Oregon legal marital separation, child custody arrangements must be negotiated between both parties and approved by the court. This includes decisions on physical custody (where the children will live), legal custody (decision-making authority), visitation schedules, and any necessary support payments.
What factors does a court consider when deciding on child relocation cases?
The court will prioritize the best interests of the child while considering factors such as: reasons for and against relocation; impact on emotional, educational and developmental needs; feasibility of maintaining relationships; past conduct and history of both parents; and any other relevant circumstances affecting welfare of the child.
What are the grounds for modifying child custody in Oregon?
In Oregon, courts may modify child custody if there is a significant change in circumstances that affects the best interests of the child. This can include changes in parents' living situations, mental health issues, substance abuse problems, or changes in the child's needs.
How do custody arrangements affect child support?
Custody arrangements impact child support because the amount of time each parent spends with the child(ren) affects their financial responsibility. Joint or shared custody may result in a reduced obligation for the non-custodial parent, as parenting responsibilities and expenses are more evenly divided.
How does relocation affect parenting time and child support?
Relocation may result in changes to parenting time, transportation arrangements, and potentially child support if it significantly impacts one parent's ability to maintain their current level of involvement. The court may revisit these issues upon request from either party.
What constitutes a substantial change in circumstances?
A substantial change in circumstances might include changes like job loss or promotion affecting income levels; changes in parenting time; increased expenses related to children’s education, medical care or activities; remarriage or cohabitation resulting in financial contributions from others; and other factors that significantly impact financial obligations towards children.
What factors does an Oregon family law judge consider when deciding whether to grant a modification?
Oregon judges consider several factors when evaluating requests for modifications including: any major changes since previous order; stability of both households; each parent’s ability and willingness to care for their children; emotional ties between children and parents; any history of abuse or neglect; preferences of children (if they’re old enough); and any other relevant factors.
What is the process for divorce mediation in Oregon?
Divorce mediation involves a neutral third-party mediator who helps spouses negotiate and reach agreements on issues such as property division, child custody, and support payments. This voluntary process can save time, money, and emotional stress compared to litigation.
How does child custody work within an Oregon Divorce Settlement Agreement?
Child custody arrangements are included in your Oregon Divorce Settlement Agreement. Custody can be joint or sole depending on what's best for the child(ren). A parenting plan outlining visitation schedules should also be included.
How does a restraining order affect child custody and parenting time?
A restraining order can impact child custody and parenting time by limiting the access of the restrained party to the children or by placing restrictions on visitation, such as supervised visits or no contact at all depending on the nature of abuse. Further, there is a statutory consideration against awarding custody to a parent who is determined to have committed abuse.

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Custody is one of the most contested and least-understood parts of family law.

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Child Support Modification

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