In most firms, it is the staff that handles the bulk of your case. You end up dealing with paralegals, assistants, or clerks instead of the lawyer you signed up with. At Pacific Family Law and Divorce, assistants may handle the paperwork and occasional informational calls, but most of the time, you will be working with your actual trial attorney.
Our office and family law attorneys have built the firm from the ground up with efficiency in mind. Paperless, custom-built data centers for instant access to all file information, and flexible communication by phone, email, and even secure instant messaging. We want you to be able to participate as part of the team in your case.
Far too many family law "mills" are out to settle your case as fast as possible so they can move on to the next. Pacific Family Law Firm was founded by lawyers who are used to the courtroom and don't run from it. If getting you the best outcome for your family law matter means taking the case to trial, we will do it. If you are ready for a trial, we won't back down either.
The term “child custody” carries a lot of weight in our society. It tends to be an emotional topic, and parents often find themselves in protracted conflict trying to determine who should be the custodial parent, whether in court or on their own.
Depending on the circumstance, custody of the child may not make as much difference as the parents initially believe or maybe nearly moot.
The term “custody” refers to final decision-making or “tie-breaking” authority over a select group of issues. The custodial parent will have the final determination in three significant areas of a child’s life: the school they go to (education), what medical treatment they receive (health care), and what religious training they receive. Parents who can work together to make these significant decisions may choose to agree to “joint custody” where both parents make the decisions together. See Oregon Child Custody: Sole vs. Joint, What’s the Difference?
If parents are unable to agree to joint custody, the court must award sole custody to one of the parents. In court, a judge will review factors that are set out in Oregon law: which parent has acted as the primary caregiver for the children; which parent is best able facilitate a relationship between the children and the other parent; the emotional ties between the child and other members of the family; if there is any abuse by one parent towards the other parent or a child; each parent’s general interest and attitude regarding the children; and finally, the desirability of continuing existing relationships. These factors may be reviewed explicitly in Oregon law at ORS 107.137.
Sometimes people can make these complicated decisions on their own and don’t need the court’s help. However, if it goes to court, property laying the foundation and proper framework to present evidence to win custody is critical. You are going to want the best Oregon child custody lawyer you can find working on your behalf.
Contact one of our Portland, Oregon divorce and custody lawyers today to set up a consultation.
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.
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.
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.
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.
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.
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.
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.
No, child custody arrangements cannot be included in an Oregon prenuptial agreement because they are determined by the best interests of the child at the time of divorce or separation. Prenups typically address financial matters only.
In Oregon, grandparents don't have specific rights, but do have the same rights as any other person who has established a parent-like relationship with a child. Under this framework, grandparents have the right to seek visitation with their grandchildren through a court order. However, they must prove that they have an established relationship with the child and that it is in the child's best interest to maintain contact. Parents' wishes and rights are given priority over those of grandparents.
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.
Child support in Oregon is calculated using the Child Support Guidelines, which consider both parents' gross income, potential income, and expenses for childcare and health insurance. The guidelines also factor in the number of children involved, custody arrangements, and any extraordinary medical or educational expenses. The final amount will be determined by a judge if both parties cannot agree on an amount.
An Oregon Divorce Settlement Agreement includes provisions on division of assets and debts, spousal support, child custody and parenting time, and child support. Both parties must agree on the terms before submitting the agreement to the court for approval.
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ORS 107.097(2)
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(a) A party may apply to a court for a temporary protective order of restraint by filing with the court an affidavit or a declaration under penalty of perjury in the form required by ORCP 1 E, conforming to the requirements of ORS 109.767. (b) Upon receipt of an application under this subsection, the court may issue a temporary protective order of restraint restraining and enjoining each party from:
(A) Changing the child’s usual place of residence;
(B) Interfering with the present placement and daily schedule of the child;
(C) Hiding or secreting the child from the other party;
(D) Interfering with the other party’s usual contact and parenting time with the child;
(E) Leaving the state with the child without the written permission of the other party or the permission of the court; or
(F) In any manner disturbing the current schedule and daily routine of the child until custody or parenting time has been determined.
(1) In any proceeding to establish or modify a judgment providing for parenting time with a child, except for matters filed under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator), there shall be developed and filed with the court a parenting plan to be included in the judgment. A parenting plan may be either general or detailed.
(2) A general parenting plan may include a general outline of how parental responsibilities and parenting time will be shared and may allow the parents to develop a more detailed agreement on an informal basis. However, a general parenting plan must set forth the minimum amount of parenting time and access a noncustodial parent is entitled to have.
(3) A detailed parenting plan may include, but need not be limited to, provisions relating to:
(a) Residential schedule;
(b) Holiday, birthday and vacation planning;
(c) Weekends, including holidays, and school in-service days preceding or following weekends;
(d) Decision-making and responsibility;
(e) Information sharing and access;
(f) Relocation of parents;
(g) Telephone access;
(h) Transportation; and
(i) Methods for resolving disputes.
ORS 107.105 is a huge statute that provides detailed provisions governing not only the provisions of a divorce or separation judgment but also provisions regarding attorney fees. Rather than quote select parts, the statute may be reviewed in its entirety at the link below.
(1) The court may at any time after a judgment of annulment or dissolution of marriage or of separation is granted, upon the motion of either party and after service of notice on the other party in the manner provided by ORCP 7, and after notice to the Division of Child Support when required under subsection (9) of this section:
(a) Set aside, alter or modify any portion of the judgment that provides for the appointment and duties of trustees, for the custody, parenting time, visitation, support and welfare of the minor children and the children attending school, as defined in ORS 107.108 (Support or maintenance for child attending school), including any health or life insurance provisions, for the support of a party or for life insurance under ORS 107.820 (Support order as insurable interest) or 107.830 (Physical examination may be ordered);
(b) Make an order, after service of notice to the other party, providing for the future custody, support and welfare of minor children residing in the state, who, at the time the judgment was given, were not residents of the state, or were unknown to the court or were erroneously omitted from the judgment;
(c) Terminate a duty of support toward any minor child who has become self-supporting, emancipated or married;
(d) After service of notice on the child in the manner provided by law for service of a summons, suspend future support for any child who has ceased to be a child attending school as defined in ORS 107.108 (Support or maintenance for child attending school); and
(e) Set aside, alter or modify any portion of the judgment that provides for a property award based on the enhanced earning capacity of a party that was awarded before October 23, 1999. A property award may be set aside, altered or modified under this paragraph.
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(1) Except as provided in subsection (6) of this section, in determining custody of a minor child under ORS 107.105 (Provisions of judgment) or 107.135 (Vacation or modification of judgment), the court shall give primary consideration to the best interests and welfare of the child. In determining the best interests and welfare of the child, the court shall consider the following relevant factors:
(a) The emotional ties between the child and other family members;
(b) The interest of the parties in and attitude toward the child;
(c) The desirability of continuing an existing relationship;
(d) The abuse of one parent by the other;
(e) The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and
(f) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. However, the court may not consider such willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in a pattern of behavior of abuse against the parent or a child and that a continuing relationship with the other parent will endanger the health or safety of either parent or the child.
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(1) If a child is born to an unmarried person and parentage has been established under ORS 109.065 (Establishing parentage), or if a child is born to a married person by a person other than the birth mother’s spouse and parentage between the person and the child has been established under ORS 109.065 (Establishing parentage), either parent may initiate a civil proceeding to determine the custody or support of, or parenting time with, the child. The proceeding shall be brought in the circuit court of the county in which the child resides or is found or in the circuit court of the county in which either parent resides. The parents have the same rights and responsibilities regarding the custody and support of, and parenting time with, their child that married or divorced parents would have, and the provisions of ORS 107.094 (Forms for restraining order and request for hearing) to 107.449 (Transfer of proceeding under ORS 107.135 to auxiliary court) that relate to custody, support and parenting time, the provisions of ORS 107.755 (Court-ordered mediation) to 107.795 (Availability of other remedies) that relate to mediation procedures, and the provisions of ORS 107.810 (Policy), 107.820 (Support order as insurable interest) and 107.830 (Physical examination may be ordered) that relate to life insurance, apply to the proceeding.
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Child custody is one of the most contentiously and contested issues in Oregon family law cases. Misconceptions about what "custody" actually means tend to meld with advice from well-meaning friends and family and with conflicting information from web sources that might not even reflect Oregon law. What's the difference between "sole custody" and "joint custody" in Oregon?
Read MoreExplore the complexities of child relocation in Oregon post-divorce, focusing on legal standards and recent case law insights.
Read MoreIn Oregon family law cases, particularly those involving high conflict or serious concerns about a child’s well-being, courts may appoint a separate attorney to represent the child. This post explains when and how a child’s attorney is appointed, the difference between “best interests” and “express wishes” representation, and how the process varies across counties like Multnomah and Washington. If your child’s voice needs to be heard independently, understanding this legal option is essential.
Read MoreBlended families are more common than ever before, yet stepparents may not automatically have the same rights as biological or adoptive parents. In this blog, we explore the complexities of stepparent rights in an Oregon divorce. We explain the psychological parent doctrine, provide evidence stepparents may need to overcome the presumption that a legal parent is in the child's best interest, and detail the rights of stepparents who have legally adopted their stepchild.
Read MoreExplore how grandparents in Oregon can secure visitation rights and the legal standards they must meet to maintain a meaningful relationship with their grandchildren.
Read MoreDivorce spawns big emotion, and even well-meaning parents make mistakes without thinking about the ramifications of their actions. To ensure a smooth process, we have compiled a list of common pitfalls to avoid doing during a divorce.
Read MoreMediation is about building agreements and consensus. Rather than having a judge tell you the decision, a skilled Oregon mediator will help guide the parties to agree on their own. For couples going through a divorce, divorce mediation is often an excellent way to reduce the level of conflict and create a resolution that works for the family.
Read MoreOregon mandates a parenting class for divorcing parents to support children's adjustment, integral to finalizing the divorce.
Read MoreWe are happy to meet with you for a flat-fee, discounted consultation. Call today.
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