Child Relocation

Our Portland, Oregon Child Relocation Attorneys Can Help


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How can we help? Getting you your best possible outcome is our top priority.

The emotional toll of stress related to any family law issue, including an Oregon child relocation case, can be exhausting without litigation. Let us take care of the law. You take care of you.

With Pacific Family Law Firm, you can expect a lot.

1.Talk to Attorneys

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 attorney you signed up with. At Pacific Family Law Firm, assistants may handle paperwork and occasional informational calls, but most of the time you will be working with your actual trial attorney.

2.Streamlined Representation

Our office and divorce lawyers 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.

3.Honest Assessment of Case

Far too many divorce and family law "mills" are simply out to settle your case as fast as possible so they can move on the next one. Pacific Family Law Firm was founded by lawyers who are used to the courtroom and don't run from it. If getting you the right result means taking the matter to a trial, we will do it. If you are ready for a trial, we won't back down either.

Child Relocation?

Our attorneys are ready to help with your Oregon child relocation case.

What is an Oregon Child Relocation or "Move Away" Case?

When parties have a child together, their lives understandably become more interconnected. Circumstances become more complicated when one parent wants to move to a distant part of the state, or even to another state or country. What happens to the child? Can they move with that parent? What does parenting time look like for the parent staying behind? Oregon child relocation cases are some of the most complicated and emotionally difficult in family law. Generally, two parents love their children, both who want to remain an active part of their children's lives, but two divergent lives in different locations. It then falls upon the court to apply the legal standard of determining what is in the "best interests of the children."

What are the issues do lawyers help with in an Oregon child relocation case?

Our relocation attorneys have substantial experience representing and working with parties on both sides of the "move away" issue. The state of Oregon's policy is to promote an ongoing, meaningful relationship for both parents of a child. As a result, the legal burden for the party attempting to move the child away tends to be much more complicated than keeping the child in place. This is because allowing the move almost always results in a reduction of parenting time for one parent, which is often considered not to be in the child's best interest. The success or failure of these cases depends significantly on individual facts and careful application of the law. These cases should not be handled alone and require the careful planning of an experienced Oregon child relocation lawyer.

Facts matter in a move-away case.

In any "move away" case, applying the law to the client's specific circumstances is paramount. Our lawyers will review your current parenting plan and expect that you have considered what a parenting plan will look like in the event of a move. We will also request the history of your relationship, want to know the pros and cons of the move's location, and the rationale for the child after any move. Whether you are striving to keep your child's parent from relocating the child out of their current region, or if you are the one endeavoring to move the child, we can help. Contact one of our relocation lawyers today to discuss your options.

Best lawyers in Oregon for child relocation.

Top Rated Child Relocation Attorneys

Child Relocation
Frequently Asked Family Law Questions (FAQ's)

The Cost and Length of a Divorce in Oregon

Clients always want to know the duration and the price of an Oregon divorce. Unfortunately, this is tough to answer without consulting on the case, although a widespread question.

Lawyers charge on an hourly basis, meaning the price of your divorce is related to the amount of time your lawyer spends working on the matter. There are also some court costs associated with the filing of a divorce, or other family law matters, in the state of Oregon. As a general rule, the higher the number of issues that are in dispute in your circumstance, the higher the fees. This is simply because the attorney will need to spend more time working on your matter.

Couples that can solve all issues may be able to do so without the need of a lawyer. Or, they may simply use a lawyer to draft appropriate paperwork. However, if a divorce goes to trial or has multiple hearings in court, the costs will grow accordingly. Because going to court is comparatively expensive, most cases settle without going to trial.

The length of the divorce also depends on whether the case goes to trial. A complete divorce could be finished as little as two weeks (or even less!) if the parties have agreed on most of the matters and only require the drafting of a judgment. However, when the matter involves court time, the schedule is often at the mercy of the court, which can be lengthy given the court's caseload. While most contested cases resolve within nine months, outlier cases can last more than a year.

Let us evaluate your case at a flat-fee initial consultation. We will attempt to give you a ballpark assessment of how much your matter would cost at every step and discuss the specifics of your case, which could make it more or less costly.

What is Oregon Family Law?

Q: What does a family law lawyer do? What is "Oregon family law?"

A: “Oregon Family law” is an umbrella term that refers to the practice of law that involves common domestic and family issues. While it is often associated with Oregon divorce, "family law" covers far more. Common family law issues include child custody, parenting time (visitation), step-parent adoptions, spousal support, child support, restraining orders and stalking orders, prenuptial agreement, grandparent rights, and far more.

Modern families come in all sizes and arrangments, and the term "family law" simply refers to the practice of law that helps those families within the Oregon court system.

Oregon Divorce Mediation - What is it?

What is Oregon divorce mediation?

When going through a divorce, tensions are already high. Emotions are high; feelings are hurt. The last thing that helps this circumstance is litigation, where the parties are forced to take positional roles that are adverse to each other, with a judge deciding on "who is right." By contrast, mediation 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, this is often an excellent way to reduce the level of conflict and create a resolution that works for the family.

While certainly not free, mediation can also be an excellent investment if it cuts a lengthy and far more costly litigation cycle of trial preparation and trial. Further, the reduction of tension and faster resolution, if successful, can have many longer-term benefits for families with children. By improving the ability to communicate at seem level, it may foster an environment that parents can work on other conflicts in the future to resolve issues involving the children.

Every county in Oregon is required to offer some divorce mediation to litigants. These mediation processes are connected to the court process. Still, they are outside the routine litigation that occurs within the court process itself. All mediation requirements may be satisfied by utilizing a private mediator independently hired by the parties.

How does Oregon divorce mediation work?

In the Portland, Oregon metropolitan area, each of the three counties has its own mediation services required during a divorce: -  Multnomah County Divorce Mediation: Under Multnomah County Supplementary Local Rule 8.031(1): In any domestic relations case, all parties are required to participate in some form of appropriate dispute resolution, including mediation, arbitration, judicial settlement conference, or a neutral-assisted settlement conference… - Clackamas County Divorce Mediation: Divorce mediation is voluntary - Washington County Divorce Mediation: Washington county Supplementary Local Rule 12.011 require: Mandatory Mediation: Any action filed in the court involving a controversy over custody or parenting time of minor children shall be subject to mediation - Outside the trip-county metropolitan area, each county has it’s own requirements which can be evaluated in the county supplementary local rules.

Mediation vs. Arbitration - What's the Difference?

Mediation and arbitration are both alternative dispute resolution methods ("ADR") but are very different processes. Arbitration is more like a less formal trial and does not take place in a courtroom. In arbitration, an "arbitrator" fills the role of a judge in a courtroom and makes decisions about the case. By comparison, mediation is a process where a mediator facilitates negotiations and helps bring about agreement on disputed issues. Unlike an arbitrator, a mediator does not have any decision making authority in the case. While a good mediator can facilitate an agreement, they cannot force a resolution.

Why mediate before or after a divorce?

Minimizing conflict both during and after a divorce should be essential for parties, particularly those with children. Mediation provides a useful tool for resolving disputes without the need to enter a public forum (a courtroom) and inflame tensions by leveling allegations at each other. Mediation allows the parties to take part in the development and agreement of their resolution. This lowing of strains can have long-term benefits for the parties' emotional well-being and foster a better co-parenting relationship after the divorce process is complete. Similarly, or utilizing mediation after the divorce process is complete before returning to court for later disputes, the parties may continue to resolve future issues without costly or hurtful litigation.

Mediation For Conflict Resolution After Divorce

Conflict reduction during and after divorce Minimizing conflict is a primary benefit of mediation during a divorce. The ability to do this can not only make the divorce itself less complicated, but it can set up a more positive atmosphere for after the divorce. For people who must co-parent after the divorce, this can be highly beneficial and in children's best interests.

Is it necessary to hire a divorce lawyer or family law attorney?

Is it worth getting a divorce lawyer?

This question is standard, though completely subjective and fact-specific. It is certainly possible for people to do divorces independently, and the court even provides paperwork to the public to do so. However, unfamiliarity with legal forms can confuse the inexperienced, and mistakes can result in more considerable legal fees in the future to correct the errors.

When there are more complex issues involving children, custody, and real property or more extensive assets, getting the expert legal opinion from an experienced Oregon divorce lawyer is almost certainly a good idea.

Hallmarks of the Best Oregon Divorce Lawyers

While not an exhaustive list, experience has shown that the best Oregon divorce lawyers consistently display a handful of traits. These are the hallmarks that tend to create the client's best knowledge and are most likely to lead the client to their goals. It is common for people to want a "pitbull" or some other cliched characterization of a lawyer to represent them. However, these are the traits that, in practice, are the most likely to obtain positive results.

  1. Experience. The best Portland, Oregon divorce lawyers are going to have plenty of experience. Knowledge is not something that can be cut short. Having handled at least dozens, and hopefully, hundreds of cases lead to a level of familiarity with Oregon family law that provides a sense of what a reasonable outcome is with a particular fact pattern. Underlying this sense is the trial and court experience, having seen what judges tend to do with specific fact patterns. The best Oregon divorce attorneys tend to use this experience to predict a range of possible outcomes, focusing your attention on the most likely while making you aware of the lesser possibilities.
  2. No Guarantees. The Top Oregon divorce attorneys will not guarantee a particular outcome in your case. If there is one thing that experience in divorce litigation should teach any attorney, no result is assured. Sometimes even the most seemingly "clear" cases don't turn out as expected, and even issues that seem to have poor facts turn out better than hoped. Given the subjective nature of families and their structures, assets, debts, and goals, the outcome is never clear until a judge decides the outcome. If an attorney guarantees a result, this should be a red flag. As discussed earlier, the best Portland, Oregon divorce attorneys will generally present a range of outcomes, not a guarantee.
  3. Focused on client goals. Perhaps one of the most overlooked traits of the top Oregon divorce and family lawyer is that they listen carefully to clients' goals, not just focusing what they believe to be best for you. Your lawyer should be on your side. This means that they should explain your risks and work towards your best outcome. However, sometimes just because obtaining a particular result is possible, it's not what a client wants. For instance, it might be that a client is an excellent candidate to receive a large amount of spousal support, but does not want to pursue it. The lawyer should explain the risks of not pursuing that and listen to why the client does not wish to pursue it. Maybe the client has other assets available to them, and they think that the money issue would be damaging to the family relationship. Perhaps there is value to the client in reducing familial conflict. The best Oregon divorce lawyer will listen to your goals and pursue those, not their own.
  4. Keeping you informed. Top divorce lawyers are going to keep you informed. This is your case, your life, your family. Even if a lawyer is working hard behind the scenes, that doesn't help relieve the anxiety you may feel in the meantime. A lawyer should keep you informed about correspondence and discussions they are having with opposing counsel and make sure that you are getting copies of documents filed with the court. Even emails that are sent between attorneys should make their way into your file. If you aren't staying informed, you similarly aren't able to provide the attorney with relevant thoughts or information that might shape the case for your goals.
  5. Clear Billing. One of the most challenging issues for any attorney/client relationship is that of money. It's no secret that divorces can be expensive, and issues of attorney fees and costs can drive a wedge between an otherwise productive relationship between lawyer and client. The top Oregon divorce lawyers are going to be transparent with their billing. An explicit fee agreement upfront should outline how time and expenses will be billed. Regular statements and invoices to the client should itemize work performed to understand how their retainer or other payments are being used.
  6. Honesty. The best Portland family law attorneys will always be honest about your case. Lawyers usually went into law school with the idea that they wanted to help people. They are natural problem solvers. As a result, it's sometimes difficult to admit to themselves or their clients that they cannot fix a situation. Sometimes clients have poor cases. The facts are insufficient. The client is unlikely to get the outcome they would like. The top family law and divorce lawyer will level with the client and provide problematic information upfront. Providing an honest assessment of the case is most critical upfront, so a client is not led to spending thousands of hard-earned dollars to pursue an improbable outcome.
  7. Organization. Organization is a hallmark of the most successful Oregon divorce lawyers. Keeping client files complete with all correspondence, pleadings, and discovery is a surprisingly work-intensive process. However, the best Oregon divorce lawyers develop systems to not only organize but also maintain accessibility to all parts of your case file. Organization from the start makes it likely that negotiations or trial, if necessary, are also organized. That necessary evidence makes its way in front of a judge in a way that can assist your case. Lost items help nobody.


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Useful Oregon Statutes For
Child Relocation

Ex Parte Temporary Custody Or Parenting Time Orders


ORS 107.097(2)

...

(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.


Read Full Text: ORS 107.097

Parenting Plan


(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.


Read Full Text: ORS 107.102

Provisions Of Judgment


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.


Read Full Text: ORS 107.105

Vacation Or Modification Of Judgment


(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.

...


Read Full Text: ORS 107.135

Factors Considered In Determining Custody Of Child


(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.

...


Read Full Text: ORS 107.137

Proceeding To Determine Custody Or Support Of Child


(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.

...


Read Full Text: ORS 109.103

Services

Pacific Family Law Firm is focused on one area of law: family law. From divorces to child support to spousal support to custody modifications, we're ready to help. Whether your your case has been open for years and is having a judgment modified, or if you have never had an lawyer before and are just figuring out how to proceed with a divorce or other family change, we will take care of you.
Divorce Top-rated Oregon family law lawyers for divorce
Oregon Family Law Top-rated Oregon family law attorneys for oregon family law
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Child Relocation Top Oregon divorce attorneys for child relocation
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Legal Marital Separation Top Oregon family law lawyers for legal marital separation
Mediation Top Oregon divorce lawyers for mediation
Paternity Top Oregon divorce attorneys for paternity
Prenuptial Agreements Best Oregon family law attorneys for prenuptial agreements
Restraining Orders Top-rated Oregon divorce attorneys for restraining orders
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Stalking Orders Best Oregon family law attorneys for stalking orders
Divorce Settlement Agreements Best-rated Oregon divorce lawyers for divorce settlement agreements

Oregon Divorce & Family Law Blog

We work hard to stay up to date on law and on developments in Oregon family and divorce law that may help or impact our clients. Our firm maintains a policy of "information first", and we make every effort to share information with the public and clients, both in person and online. Our blog covers topics from the frequently asked questions (FAQs) that Oregon family law attorneys encounter, to news headlines that impact attorneys who help families in transition. 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!

What is Oregon Family Law? | Best Oregon family law lawyers

What is Oregon Family Law?

“Oregon Family law” is an umbrella term that refers to the practice of law that involves common domestic and family issues. While it is often associated with Oregon divorce, "family law" covers far more.

Read More
Hallmarks of the Best Oregon Divorce Lawyers | Top Oregon divorce lawyers

Hallmarks of the Best Oregon Divorce Lawyers

While not an exhaustive list, experience has shown that the best Oregon divorce lawyers consistently display a handful of traits. These are the hallmarks that tend to create the client's best knowledge and are most likely to lead the client to their goals.

Read More

Is it necessary to hire a divorce lawyer or family law attorney?

This question is standard, though completely subjective and fact-specific. It is certainly possible for people to do divorces independently, and the court even provides paperwork to the public to do so. However, unfamiliarity with legal forms can confuse the inexperienced, and mistakes can result in more considerable legal fees in the future to correct the errors.

Read More

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