Grandparent Rights

Our Portland, Oregon Grandparent Rights Lawyers 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 grandparent rights 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 lawyer 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 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.

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.

Grandparent Rights?

Our lawyers are ready to help with your Oregon grandparent rights case.

Grandparent Rights and Third Party Rights

Oregon no longer provides rights to the grandparents of children explicitly. In 2001 the law changed to allow the court to grant rights to any third party who has established a "child-parent" relationship with a child. Third parties who qualify may petition the court for the guardianship, placement, or even custody of that child. Because the law is not specific to grandparents, lawyers often refer to "grandparent rights" as "third party rights." The statute that controls the standards is ORS 109.119:

This statute is relatively complicated and can create confusion even for experienced Oregon grandparent rights lawyers. However, be aware that the law places immense importance on a child's natural or legal parents' rights. Because the burden is so high and the statute so complicated, a third party (including grandparents) seeking parenting time, custody, or guardianship of a child should consult with an attorney experienced in this area. Successful results require the correct facts and a careful presentation of crucial points to the court. Contact one of our attorneys who are experienced with successfully presenting Oregon grandparent rights and third party cases today.

Top lawyers in Oregon for grandparent rights.

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Grandparent Rights
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.

What types of tasks do Oregon unbundled lawyers handle?

What types of tasks does an Oregon unbundled lawyer handle?

There is no standardized type of "Oregon unbundled legal service" because attorneys handle the scope of these types of matters in a spectrum of ways, and clients have a wide variety of requirements. A client might hire an unbundled service lawyer to perform some tasks, including, but not limited to:

  • evaluating the client's case, and advising about strategy;
  • informing about legal responsibilities or rights;
  • informing about court rules and procedures;
  • advising about alternative dispute resolution options;
  • preparing specific documents, briefings, motions, or other legal pleadings;
  • reviewing documents;
  • conducting investigations;
  • referring specific issues to know experts;
  • performing appropriate legal research;
  • advising on settlement options or negotiations;
  • helping preparation for court appearances;
  • appearing with the client in court for a limited purpose; or
  • assisting with an appeal.

Unbundled Oregon legal services can provide an excellent option for clients who don’t need the expense or full level of service associated with full legal representation, but who still need legal help along the way.

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
Grandparent Rights

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

Rights Of Person Who Establishes Emotional Ties


(1) Except as otherwise provided in subsection (9) of this section, any person, including but not limited to a related or nonrelated foster parent, stepparent, grandparent or relative by blood or marriage, who has established emotional ties creating a child-parent relationship or an ongoing personal relationship with a child may petition or file a motion for intervention with the court having jurisdiction over the custody, placement or guardianship of that child, or if no such proceedings are pending, may petition the court for the county in which the child resides, for an order providing for relief under subsection (3) of this section.

(2)(a) In any proceeding under this section, there is a presumption that the legal parent acts in the best interest of the child.

(b) In an order granting relief under this section, the court shall include findings of fact supporting the rebuttal of the presumption described in paragraph (a) of this subsection.

(c) The presumption described in paragraph (a) of this subsection does not apply in a proceeding to modify an order granting relief under this section.

(3)(a) If the court determines that a child-parent relationship exists and if the court determines that the presumption described in subsection (2)(a) of this section has been rebutted by a preponderance of the evidence, the court shall grant custody, guardianship, right of visitation or other right to the person having the child-parent relationship, if to do so is in the best interest of the child. The court may determine temporary custody of the child or temporary visitation rights under this paragraph pending a final order.

(b) If the court determines that an ongoing personal relationship exists and if the court determines that the presumption described in subsection (2)(a) of this section has been rebutted by clear and convincing evidence, the court shall grant visitation or contact rights to the person having the ongoing personal relationship, if to do so is in the best interest of the child. The court may order temporary visitation or contact rights under this paragraph pending a final order.

(4)(a) In deciding whether the presumption described in subsection (2)(a) of this section has been rebutted and whether to award visitation or contact rights over the objection of the legal parent, the court may consider factors including, but not limited to, the following, which may be shown by the evidence:

(A) The petitioner or intervenor is or recently has been the child’s primary caretaker;

(B) Circumstances detrimental to the child exist if relief is denied;

(C) The legal parent has fostered, encouraged or consented to the relationship between the child and the petitioner or intervenor;

(D) Granting relief would not substantially interfere with the custodial relationship; or

(E) The legal parent has unreasonably denied or limited contact between the child and the petitioner or intervenor.

(b) In deciding whether the presumption described in subsection (2)(a) of this section has been rebutted and whether to award custody, guardianship or other rights over the objection of the legal parent, the court may consider factors including, but not limited to, the following, which may be shown by the evidence:

(A) The legal parent is unwilling or unable to care adequately for the child;

(B) The petitioner or intervenor is or recently has been the child’s primary caretaker;

(C) Circumstances detrimental to the child exist if relief is denied;

(D) The legal parent has fostered, encouraged or consented to the relationship between the child and the petitioner or intervenor; or

(E) The legal parent has unreasonably denied or limited contact between the child and the petitioner or intervenor.

...


Read Full Text: ORS 109.119

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 attorney before and are just figuring out how to proceed with a divorce or other family change, we will take care of you.
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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 types of tasks do Oregon unbundled lawyers handle? | Top Oregon divorce lawyers

What types of tasks do Oregon unbundled lawyers handle?

There is no standardized type of "**Oregon unbundled legal service**" because attorneys handle the scope of these types of matters in a spectrum of ways, and clients have a wide variety of requirements. A client might hire an unbundled service lawyer to perform an array of tasks, from simple to complex.

Read More
What is Oregon Family Law? | Best Oregon divorce 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 family law attorneys

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

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