Frequently Asked Questions (FAQ's)

Can I request genetic testing in an Oregon paternity suit?
Yes, either party may request genetic testing when trying to establish paternity. If there's already an existing court order on file, you'll need to provide sufficient reason for requesting it. In cases where no determination has been made yet, either parent or even state agencies can request genetic testing.
Can I move out of state with my child without permission from my ex-spouse?
If you have sole custody, you may be able to move without permission, but it's best to check your specific court order first. If you have joint custody or your order restricts relocation, you'll need either your ex-spouse's consent or approval from the court after following proper procedures.
How does one establish paternity in Oregon?
In Oregon, paternity can be established voluntarily by both parents signing a Voluntary Acknowledgment of Paternity (VAP) form at or shortly after the child's birth. Otherwise, it can be established through a court order via genetic testing or other evidence.
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.
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.
Can we modify our existing prenuptial agreement after getting married?
Yes, you can modify your existing prenup after marriage through a post-nuptial agreement if both parties agree to changes; however, it should still meet all requirements outlined above for enforceability in court.
How long does mediation typically take?
The length of mediation depends on various factors including the complexity of the issues being discussed and how cooperative both parties are during the process. Typically, mediation sessions last 2-3 hours each and may require multiple sessions to reach a resolution; however, simpler cases might be resolved within just one session.
What happens if we can't agree on a Divorce Settlement Agreement?
If you cannot agree on a Divorce Settlement Agreement in Oregon, your case will go to trial where a judge will decide the terms of your divorce. This can be more costly and time-consuming than reaching an agreement outside of court.
What happens if the respondent violates a stalking protective order?
If the respondent violates a stalking protective order, they can face criminal charges, including contempt of court, which may result in fines, probation, or even jail time. The victim should report any violations to law enforcement immediately to ensure their safety and proper enforcement of the order.
What is Oregon mediation in the context of family law?
Oregon mediation is a cooperative, problem-solving process in which a neutral third-party mediator helps divorcing or separating couples reach mutually satisfying agreements on issues such as child custody, parenting time, spousal support, and property division. Mediation allows parties to maintain control over their own decisions and outcomes rather than having them imposed by the court.
How can I obtain visitation rights?
To obtain visitation rights, you must first establish that you have a pre-existing relationship with your grandchild and that continued contact would be in their best interest. You can then file a petition with the court requesting visitation rights and presenting evidence supporting your claim.
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.

Oregon Personal Family Law and Divorce Law Blog

We work hard to stay up to date on the law and developments in Oregonfamily 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 Oregonfamily 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!

Understanding Child Rights In Oregon Family Law: A Critical Examination

An examination of a Kansas case reveals the importance of child rights in family law, emphasizing that a child's right to support is paramount. Oregon families should be mindful of this principle when drafting agreements.

Read More

Understanding The Role Of Child Attorneys In Oregon Family Law Cases

Explore when and why attorneys are appointed for children in Oregon family law cases, including the differences between 'best interests' and 'express wishes' representation.

Read More

Understanding Joint Custody In Oregon: Legal And Practical Insights

Explore the nuances of joint custody in Oregon, where both parents share decision-making responsibilities for their child. Learn about legal requirements and modifications.

Read More

Understanding Parenting Time In Oregon: A Comprehensive Guide

Explore how parenting time is determined in Oregon, its distinction from visitation, and the role of model parenting plans. Learn how to navigate these issues with expert legal guidance.

Read More

Understanding Child Support Cases In Oregon: A Comprehensive Guide

This article explores the intricacies of child support cases in Oregon, detailing how agreements are reached and enforced, and what happens when disputes arise.

Read More

Understanding Joint Custody In Oregon: A Comprehensive Guide

Joint custody in Oregon involves both parents sharing legal decision-making for their child. This guide explores the requirements and implications of such arrangements.

Read More

Do You Really Need An Oregon Divorce Lawyer? A Comprehensive Guide

Explore when a divorce lawyer is essential in Oregon and when you might manage on your own. Learn the complexities of family law to make informed decisions.

Read More

Practice Areas

Learn more about the types of injuries 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.

Child Custody Modification

Sometimes a change in circumstances warrants a change in custody.

Child Support

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

Uncontested Divorce

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

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.

Spousal Support Modification

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

Restraining Orders

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

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.

Schedule A Consultation

We are happy to meet with you for a flat-fee, discounted consultation. Call today.

Call Now to Schedule A Consultation
Schedule Online Now
Call the best Oregon family law and divorce attorneys today.