Frequently Asked Questions (FAQ's)

What factors are considered when deciding parenting time?
Parenting time (also known as visitation) is determined based on what is best for a child's growth and development. Factors include: maintaining consistency in routines; each parent’s work schedule; distance between residences; age and needs of the child; and input from older children.
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 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 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 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 factors do courts consider when determining grandparent visitation?
Courts consider several factors when determining whether granting grandparent visitation is in a child's best interest including: existing relationships between parties involved; any history of abuse or neglect by either party; parental wishes; emotional ties between grandparent(s) and grandchildren; and overall impact on a child’s well-being.
What is the difference between joint and sole custody?
Joint custody refers to both parents sharing legal decision-making responsibilities for a child, while sole custody gives one parent full authority over major decisions affecting the child. These decisions are largely limited to non-emergency medical decisions, education, and religious training. Physical custody (where the child resides) can also be shared or granted solely to one parent.
How does relocation impact existing custody arrangements?
Relocation can significantly impact existing custody arrangements. If you plan to move out-of-state or even within Oregon but far from your current residence, you may need to request a modification of your current parenting plan with court approval.
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.
What happens if we cannot agree on certain issues during mediation?
If you cannot come to an agreement on all matters during your Oregon Mediation session(s), you still have the option to resolve those outstanding issues through litigation in court. Mediation can still be beneficial by resolving some issues and reducing the scope of conflict for trial.

Oregon Personal Family Law and Divorce Law Blog

We work hard to stay up to date on the law and developments in Oregon family law and divorce law that may help our clients. Our firm maintains a policy of "information first" for the client, so we make every effort to share information with the public and clients. Our blog covers topics from the frequently asked questions (FAQs) that Oregon family law and divorce Lawyers encounter to news headlines that impact attorneys who help injured people. If there is a topic you would like to see covered, let us know, and we'll add it to our list of subject matter!

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Practice Areas

Learn more about the family law matters our Lawyers help with.

Divorce

From dividing assets and debts, to support and child custody, we have you covered.

Oregon Family Law

Family law is more than divorce. It is an umbrella of practice areas.

Spousal Support (Alimony)

A lot goes into figuring out spousal support. We've done it all before.

Child Relocation

Moving a child away from a parent is always difficult. Let us help with the law.

Child Custody

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

Uncontested Divorce

Sometimes there's no dispute, you just need somebody to draft the right documents.

Child Support

Oregon takes child support seriously, and we can help you navigate the process.

Child Custody Modification

Sometimes a change in circumstances warrants a change in custody.

Child Support Modification

Learn about when Oregon child support can be modified.

Unbundled Services

When there's only select things you need legal help with, we offer "unbundled" services.

Grandparent Rights

Grandparents and other third parties can develop rights to see children under Oregon law. Let's discuss your circumstances.

High Asset Divorce

More assets generally means more complicated divorces. We have the experience to assist with all levels of estate.

Legal Marital Separation

Sometimes divorce is not the right choice under certain circumstances. A legal separation might be.

Mediation

Mediation can be a great way to resolve disputes without a trial or courts.

Paternity

Becoming legally responsible as a father requires establishing paternity. We can help.

Prenuptial Agreements

Like estate planning, financial clairity prior to marriage builds trust. Let us assist with your plan.

Restraining Orders

Restraining orders provide a fast means to get help for domestic violence in families.

Spousal Support Modification

Times change, jobs change, circumstances change. Spousal support can too.

Stalking Orders

Oregon stalking orders are serious business. If you need help with Oregon stalking law, we have experience.

Divorce Settlement Agreements

Sometimes the best outcome is the one you design yourself. We can help your create a binding agreement.

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