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.
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."
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.
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.
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.
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.
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.
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.
In Oregon, you must obtain the other parent's consent or court approval before relocating with your child more than 60 miles from their current residence. If you’re seeking relocation as part of your custody modification, wait for a final court decision before moving.
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.
If your ex-spouse has custody rights and provides you with proper notice, they can request a move out of state. You have the right to object by filing a motion within 30 days after receiving notice, at which point the court will decide whether relocation is in the best interests of your child.
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.
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.
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.
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.
If your ex-spouse files an objection to your proposed relocation within 30 days after receiving notice, it's possible that they could convince a judge not to allow it based on various factors related to what is in best interest of children involved.
Don't wait to address your family law matter. Time-sensitive issues require prompt attention to protect your rights and your family's future.
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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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Explore the complexities of child relocation in Oregon post-divorce, focusing on legal standards and recent case law insights.
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Read MoreWe are happy to meet with you for a flat-fee, discounted consultation. Call today.
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