Frequently Asked Questions (FAQ's)

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 is child custody determined in Oregon?
Child custody decisions are based on the statutory requirements listed at ORS 107.137. These requirements include the best interests of the child, considering factors like emotional bonds with parents and siblings, abuse by one parent, stability of home environment, and each parent's ability to meet the child's needs.
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 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 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 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.
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 far away can I move with my child within Oregon?
There's no specific distance limit within Oregon, but any move that significantly impacts parenting time may require permission from the other parent or court approval. Consult your custody agreement or an attorney for guidance on what qualifies as significant in your situation.
What is the legal process for relocating with a child in Oregon?
In Oregon, the parent who has primary custody must provide written notice to the other parent at least 60 days before relocating. If the non-custodial parent objects, they must file a motion within 30 days of receiving the notice. The court will then consider factors like best interests of the child and both parents' reasons for moving or objecting before making a decision.
What is an Oregon uncontested divorce?
An Oregon uncontested divorce occurs when both spouses agree on all issues related to their separation, such as child custody, spousal support, and property division. This type of divorce typically requires less time and expense compared to a contested divorce. Both parties must complete and submit the necessary paperwork to the court for approval.

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

Child Relocation

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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.

Uncontested Divorce

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Child Support

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

Child Support Modification

Learn about when Oregon child support can be modified.

Unbundled Services

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Grandparent Rights

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

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

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

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Spousal Support Modification

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

Restraining Orders

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