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Category: Child Custody

  • Establishing Paternity in Oregon: What You Need To Know

    Key Takeaways:

    • Fathers do not have rights unless paternity has been established.
    • In Oregon, if the parents are married, the law presumes the husband is the child’s father.
    • For unmarried parents, the mother and father typically sign a Voluntary Acknowledgment of Paternity at the time of birth.
    • If that wasn’t signed, a voluntary DNA test is the easiest way to establish paternity.
    • If there is no agreement, the state can establish paternity through the court.
    • Once established, fathers have equal rights.
    • After signing the paternity affidavit, you have one year to request a DNA test.
    • If you discover potential fraud or misconduct, you have one year from then to request a DNA test.

    We love our kids, and our worlds often revolve around our children. Which is why child custody cases grow so heated, raw, and emotional. It’s also why establishing paternity and paternity fraud are such big issues when it comes to family law.

    Custody cases get complicated and contentious. There are parenting plans and visitation to arrange, child support payments to determine, and many other hurdles. Issues of paternity further muddy the waters. At best, it makes the process even trickier; at worst, it upends your entire life.

    How Is Paternity Established In Oregon?

    On a basic level, establishing paternity means determining the identity of a child’s father.

    Several ways exist for parents and the courts to accomplish this. Some are easy and straightforward, while others are a bit more involved.

    The easiest and most obvious way to establish paternity is to do so voluntarily.

    In the case of unmarried parents, the mother and father sign a Voluntary Acknowledgment of Paternity. This legally declares they are the parents, and then they can add the father to the birth certificate.

    Parents can accomplish this at the time of birth or at any time afterward. Unless the mother was married to someone else at any time while pregnant.

    In Oregon, if the parents are married, the law presumes the husband is the child’s father unless proven otherwise.

    Additionally, if a man resides with a woman and child as a family, acts as a father, and establishes a paternal bond, the court may also presume he is the father. In these cases, even if a man is not a biological parent, the law may recognize him as such.

    If there is no agreement, the state can establish paternity through the court. DNA testing is the most common and accurate method for determining a child’s biological father.

    Related Reading: Best Interests Of The Child

    Why Establishing Paternity Is Important

    Aside from the matter of creating a residential schedule or determining child support, establishing paternity is important for many reasons.

    Chief among them is a child’s right to know who their parents are, if they so desire. Not everyone wants that, and not everyone wants to have their parents in their lives. Still, it’s valuable to have the choice.

    Knowing a child’s lineage and family medical history often helps head off health concerns. It’s imperative to know if a child is at risk for hereditary conditions or other issues. If something serious does develop, it’s often vital to identify relatives with compatible blood and tissue types.

    A child may qualify for certain benefits from both parents. In most cases, there must be firm paternity for the child to receive these.

    This includes:

    • Social Security.
    • Veteran’s benefits.
    • Inheritance.
    • Life insurance.
    • Even health coverage often requires concrete paternity.

    Being a single parent is difficult in many ways, and money is a huge part of that. The law requires both parents to contribute financially to raising the child. That way, the entire economic burden doesn’t fall on the shoulders of one parent alone. Not knowing the identity of a child’s father makes this understandably difficult.

    Related Reading: Do Grandparents Have Child Custody Rights?

    Establishing Paternity And Parental Rights

    The courts increasingly recognize the importance of involving both parents in a child’s life. That’s all well and good, but you have few, if any, rights unless you establish paternity. This is perhaps the greatest reason to do this.

    Being the legally recognized father provides all of the rights, as well as the responsibilities, of a parent.

    You essentially have the right to be a part of the child’s life, barring certain circumstances. This generally only happens in situations of abuse or neglect, or in cases where one parent poses a potential threat to a child.

    Once you establish paternity, you have the right to visitation and even to pursue child custody.

    On the other hand, establishing paternity comes with responsibilities.

    In most cases, the courts award child support payments to the custodial parent. If you’re a parent, you’re obligated to contribute financially to raising the child. When you have custody, it’s your duty to raise and care for the child.

    Related Reading: Can I Sign Away Parental Rights?

    Set Aside Paternity

    Beyond this, the situation often becomes even more complex.

    In Oregon, after signing the Voluntary Acknowledgment of Paternity, the father can request removal of his name from the birth certificate within 60 days if there is reason to.

    This essentially rescinds his claim. In cases of fraud, if he signed under duress or if there was a mistake, this can happen even after 60 days.

    After signing the affidavit, you have one year to request DNA tests, if that didn’t already happen. You also have a year to petition the court to set aside paternity in the case of errors or neglect.

    If you discover a case of fraud, misrepresentation, or misconduct, you also have a year from the discovery to make a similar request. If the statute of limitations runs out, it has serious consequences.

    Paternity Fraud

    In some cases, due to intentional deception, a man winds up supporting a child he thought was his but actually isn’t.

    The overriding presumption is that, when a man finds out he’s the victim of paternity fraud, he won’t want to continue to act as a father to a child that isn’t biologically his. That’s not always the case, however.

    In some instances, where a man has acted as a father for quite some time, he can retain parental rights, even if there’s no genetic relationship. Paternal feelings don’t necessarily evaporate once you see a set of test results on the page.

    Related Reading: Can Your Ex Relocate With Your Kids?

    Consequences of Paternity Fraud

    Mistaken paternity, whether the result of an accident or deliberate fraud, has significant consequences. This includes the children as well as the parents.

    Learning that a father figure isn’t actually a father can cause quite a traumatic shock to a child, especially in younger years.

    Willfully obscuring family histories opens children up to additional health risks. Hereditary diseases and ailments may creep in undetected because no one is looking out for them. Potential life-threatening allergies can be passed from generation to generation in the shadows.

    This is certainly extreme, but there are stories of otherwise avoidable catastrophes happening in these situations. Most situations won’t be life-or-death, but the possibility is there.

    There are ways to protect yourself from paternity fraud. Some people even push for obligatory DNA tests at birth.

    Related Reading: Fathers’ Rights And Child Custody

  • Split Custody: Will Courts Separate Siblings?

    Key Takeaways:

    • The court’s primary concern is the best interest of the children.
    • In most cases, the authorities view keeping brothers and sisters together as in the best interests.
    • Unless there are extenuating circumstances, such as one child legitimately posing a threat to the other, the court rarely separates siblings.
    • If the children themselves request split custody and have a legitimate reason to want to live with one parent over the other, the court may take this into account.
    • If custody is split, parenting plans must account for siblings’ time together.
    • Creating and agreeing on parental visitation can already be difficult; factoring in split custody can turn it into a logistical nightmare.

    Divorce brings changes in living situations, new schools, and uncertainty. Siblings often lean on each other to make it through these tough times. But during the process, the question arises: Under what circumstances will the courts separate siblings in a divorce?

    What Is Split Custody?

    Split custody is an agreement that divides a family’s children, with one or more children living with each parent. The good news is that, unless there are extenuating circumstances, the court rarely separates siblings in divorce.

    The Best Interests of the Child

    When it comes to child custody in Oregon, the court’s primary concern is the best interest of the children. In most cases, the authorities view keeping brothers and sisters together as the ideal choice.

    Children go through so much during the process that judges hesitate to add to that. This includes separating siblings after the divorce.

    Many studies show the benefits of siblings staying together in the wake of divorce. These often-cited positives include:

    Stability: In times of great change and upheaval, children tend to cling to any sense of stability. With new living situations, stepfamilies, shuttling back and forth between households, and more, this is frequently a sibling.

    Comfort: It’s reassuring for a child to know they don’t have to go through this alone. Having a sibling nearby during tough times provides comfort and eases stress. It’s common to hear siblings talk about the relief of having a brother or sister around during divorce.

    Support: Support has many meanings. It can be in the practical sense of the word, like having someone to help with homework. But it also often means something along the lines of moral support. Again, sometimes simply having a consistent presence around helps a great deal.

    Caretaking: Siblings who have gone through a divorce often mention that one sibling serves as a caretaker or protector as a benefit of not having split custody. Older siblings frequently help younger ones understand what’s going on or even shield them from less-than-pleasant realities.

    For these reasons, among others, the court is generally reluctant to separate siblings in a divorce. That doesn’t mean, however, that split custody doesn’t happen sometimes.

    Related Reading: Parental Evaluations In Oregon

    When Will a Judge Split Up Siblings?

    Because the courts usually view keeping siblings together after divorce as in the children’s best interest, they rarely order split custody. A judge typically won’t separate siblings simply because it suits one parent or the other.

    However, if breaking up the band truly does serve the children’s best interests, it can happen.

    Safety is one example of a situation in which the court may order split custody. For instance, if a brother and sister cannot live safely together, a judge may order them to be separated.

    This type of situation goes beyond a normal antagonistic relationship between siblings. Conflict happens to just about everyone with brothers or sisters. We’re talking about a scenario where one child legitimately poses a threat to the other.

    If there’s a potential danger, and if one parent is better suited to deal with the situation, a judge may separate siblings. If things are this bad, however, it’s probably best to consult a mental health professional if you haven’t already.

    Related Reading: Custody: Best Interests of the Children and What That Means

    What If Children Request Split Custody?

    The court won’t necessarily separate siblings to accommodate parents. But what if the children themselves request split custody?

    Again, in these situations, the children’s best interest remains the chief concern, regardless of preference.

    The court is under no obligation to consider such a request. That said, if a child is old enough and has a legitimate reason to want to live with one parent over the other, the court may—emphasis on may—take this into account.

    There are many reasons a child might prefer split custody. In most cases, it has to do with the parent/child relationship. If a son is close to his father but has a strained relationship with his mother, it makes sense that he would want to live with his father.

    Additionally, an older sibling may also want to live apart from a younger brother or sister. This may provide a sense of independence or freedom that they often crave at that age.

    There are as many reasons for a child to request split custody as there are children. But again, if it isn’t in their best interest, the court won’t likely honor such a request.

    Whatever the living situation, it must truly be in their best interest. It can’t just be, “Mom lets me stay out as long as I want,” or “Dad doesn’t care if I do my homework.” There needs to be actual substance to the claims, or they won’t fly.

    Effects on Parenting Plans

    In child custody cases, parenting plans lay out all of the aspects of the living situation. This includes primary custody, visitation schedules, child support, and more.

    Custody plans become tangled in the best circumstances. If the court separates siblings, it often creates a logistical nightmare.

    Parenting plans specify the time parents spend with their children. When it comes to split custody, visitation must also account for siblings’ time together. This further complicates an already complex situation. Yet another reason why the courts prefer not to separate siblings in divorce.

    Related Reading: Enforcing A Parenting Plan

    Financial Burdon

    As so frequently happens in divorce, split custody often comes down to money.

    If a parent believes that supporting multiple children is an excessive financial burden, they may ask the court to order the siblings to be separated.

    When it comes down to it, this is unfounded in most cases. When the court awards custody, the custodial parent is ideally entitled to an adequate level of child support.

    These payments cover the cost of basics like:

    • Food.
    • Shelter.
    • Medical care.
    • Clothing.
    • Educational and other expenses.

    This amount varies with the number of children. The court considers numerous factors when calculating child support, but there is a formula.

    The court wants to ensure a child’s economic needs are met. They account for:

    • The level of need.
    • The income of both parents.
    • Parenting time.
    • Other considerations they deem relevant.

    While there are circumstances in which parents or children may request that the court separate siblings in a divorce, in most cases, it’s not even an option. Divorce and custody battles are tough on everyone, especially kids. Courts are reluctant to do anything that adds to this burden, including awarding split custody.

    Related Reading: Writ of Assistance, Divorce, and Child Custody

  • How is Jurisdiction Determined in Custody Disputes?

    Key Takeaways:

    • The Uniform Child Custody Jurisdiction and Enforcement Act and similar laws were established to determine which state has jurisdiction over custody disputes and to prevent parents from taking children across state lines looking for a more favorable court.
    • Determining a child’s “home state” is central to the process of establishing jurisdiction.
    • These acts aim to create clear rules for jurisdiction and enforcement, promote cooperation between states, and to prevent long, damaging custody cases.
    • Ultimately, the UCCJEA aims to protect the child’s well-being.

    During a divorce, things get bitter, nasty, and downright mean. There may be hurt feelings, lingering resentments, and all kinds of acrimony. Too often, kids get caught in the middle.

    When children and custody battles are involved, the situation can become even more heated. This is where the Uniform Child Custody Jurisdiction Act (UCCJA) and its legal descendants come into play. They determine which court has decision-making power over a case.

    What are the UCCJA, PKPA, and the UCCJEA?

    All too often in situations that involved fights over guardianship, one spouse or the other resorted to kidnapping. While not common, it was a looming threat. To address this, the Uniform Law Commissioners created the Uniform Child Custody Jurisdiction Act.

    Uniform Child Custody Jurisdiction Act

    The UCCJA was established in 1968, and by 1981, every state had adopted it. Before taking effect, non-custodial parents could potentially transport children across state lines.

    They hoped to find a sympathetic court to overturn what was, in their mind, an unfair custody ruling. Enough of these cases succeeded that this type of behavior continued.

    Parental Kidnapping Prevention Act

    In 1981, Congress initiated the Parental Kidnapping Prevention Act with a similar goal in mind. For all intents and purposes, the PKPA was an update to the UCCJA.

    Uniform Child Custody Jurisdiction and Enforcement Act

    In 1997, there was yet another revision, the Uniform Child Custody Jurisdiction and Enforcement Act.

    This was adopted by 49 states, Guam, the U.S. Virgin Islands, Puerto Rico, and the District of Columbia. Massachusetts remains the only holdout as of 2026.

    There are significant distinctions among these three statutes, although the UCCJEA largely supersedes the UCCJA.

    The ultimate goal of the UCCJEA is to establish jurisdiction in custody litigation and to determine the “home state” of the child in question.

    Related Reading: What Happens When the Court Appoints a Guardian Ad Litem?

    How Is Jurisdiction Determined?

    When determining the home state, the court considers many factors. First, and most obvious, is where the child lives, specifically where he or she has resided for at least the previous six months.

    In the event that the court is unable to definitively name a home state, one where the child and the parties involved have significant connections is the next option.

    This may include having relatives in a particular place, or having lived there before and still maintaining connections, such as a doctor or daycare in the area.

    If a child’s welfare is threatened, emergency jurisdiction may be declared by a particular state to deal with immediate, pressing issues.

    Finally, if no other home state can be determined, the child’s presence in a particular state may be grounds for jurisdiction. Simply put, if there is no other way to establish dominion, being there may be enough.

    Related Reading: Jurisdiction: How Where You File Impacts Your Case

    Why These Measures Are Necessary?

    As Americans became more transitory, moves from state to state became increasingly common.

    In the case of separations or divorce, it’s not unusual for one spouse to relocate to another state. Perhaps for a new job, or maybe you have family in another location. It may simply be in pursuit of a fresh start.

    This mobility affected custody disputes between parents, and the need for measures such as the UCCJA, PKPA, and UCCJEA arose.

    What Do These Measures Achieve?

    There were no concrete, definitive answers to these questions before these acts. They address this by establishing a clear, concise basis for determining jurisdiction and discouraging multiple competing custody orders.

    The biggest aim is to avoid territorial conflicts and clashes when it comes to child custody cases. This negates any potentially damaging situations for the children.

    By fostering cooperation between states, and establishing jurisdiction, these measures strive to prevent parents from abducting their own offspring in the hopes of getting a more favorable custody ruling in another place.

    When the state with jurisdiction in a case is definitively determined, this avoids the risk of multiple rulings with potentially conflicting results and prevents protracted custody battles across multiple jurisdictions. Such drawn-out proceedings can have a harmful influence on the children involved.

    These acts also clarify any enforcement situations.

    What Does The UCCJEA Mean For You?

    How these acts affect you and your situation varies significantly from case to case. In a general sense, however, they safeguard and protect the health, interests, and overall well-being of your children. Beneath it all, that is the ultimate goal

    Determining which state has jurisdiction in your case can go a long way towards streamlining the custody process and resolving any ongoing issues.

    Related Reading: Enforcing a Parenting Plan

  • After The Court Appoints A Guardian Ad Litem

    Key Takeaways:

    • A guardian ad litem is a court-appointed 3rd-party investigator who will impartially evaluate which parent should be granted primary custody.
    • A judge assigns a guardian ad litem to a case where two parents can’t agree on visitation, child support, and custody.
    • GALs are often attorneys, volunteer advocates, or licensed professionals, such as counselors or social workers.
    • They perform scheduled and unscheduled home visits and conduct interviews with anyone relevant to your case, such as teachers, family, friends, and caregivers.
    • They’ll also access personal information, such as school records, medical documents, criminal records, and pay stubs.
    • The court doesn’t have to follow the GAL’s suggestions.
    • In most instances, the court requires the parents to pay the GAL’s fees.

    Custody battles are often an intense and time-consuming process. Even when you feel you’re the best fit for the child, the court may need an outside opinion to help make a final decision. In these instances, they often assign a guardian ad litem (GAL) to assess your case.

    What Is A Guardian Ad Litem?

    A guardian ad litem is an independent investigator, an outside third party appointed by the court to impartially evaluate and propose which parent should be granted primary custody.

    They don’t have guardianship of the children or any power over the parents. Their sole responsibility is to observe and report to the court on anything that may affect the child’s best interests.

    If the court orders a guardian ad litem to look into your case, you probably have questions about what that means moving forward. We aim to answer some of those below.

    Why Is a GAL Appointed?

    A judge assigns a guardian ad litem to a case where two parents can’t agree on visitation, child support, and custody.

    The court may also appoint a GAL because:

    • A parent is suspected of child abuse.
    • A parent abuses a controlled substance or alcohol.
    • The child has a clear preference for one parent over the other.
    • The child exhibits at-risk behavior.

    Related Reading: Enforcing a Parenting Plan

    Who Can Be A GAL?

    GALs are often attorneys, volunteer advocates, or licensed professionals, such as counselors or social workers.

    In some states, one person can serve as both an attorney for one party and the guardian ad litem. However, their recommendation still must remain unbiased and in the best interest of the children.

    In a few situations, the court asks GALs to monitor the case even after it has concluded to ensure all parties comply with the final court orders.

    Related Reading: Child Custody: The Best Interests of the Child

    What Should I Expect from a Guardian Ad Litem?

    The GAL will be present in your life until their investigation is complete. They will be at all court hearings and, if necessary, respond to any motions and appeals that affect their recommendations while the case is pending.

    Will They Come to Your Home?

    During your time with the GAL, you should expect scheduled and unscheduled home visits. They want to make sure you keep things clean and safe for your child at all times.

    Who Does a Guardian ad Litem Interview?

    They will likely talk to anyone relevant to the case. This includes the child, both parents, other caregivers, family members, friends, and teachers. If needed, they will also speak with any counselors and social workers involved.

    In short, they interview anyone who may have insight into the child’s life and situation.

    What Information Will They Request?

    During their evaluation, they may request access to all relevant information.

    They may wish to see:

      • School or daycare records.
      • Medical documents.
      • Child Protective Service records.
      • Pay stubs.
      • Counseling and therapy reports.
      • Criminal records.
      • Records of court cases of anyone living with you.

    They also have the right to request that you undergo psychological evaluations, parental fitness evaluations, and even drug tests.

    Related Reading: Parenting Evaluations in Custody Cases

    What Happens After a GAL Investigation?

    After they conduct all necessary interviews and evaluate all pertinent information, the guardian ad litem prepares a written recommendation for the court. These details their findings and their custody recommendation for the child or children in question.

    It’s important to note that the GAL only submits an opinion based on what they see and hear. However, the parents must be completely transparent so they submit an honest assessment.

    Even after all this time and effort, the judge doesn’t have to follow the GAL’s suggestions. This simply provides the court another tool to use or not use at their discretion.

    The concept of a stranger analyzing your every move and making a judgment on your ability as a parent can be uncomfortable and anxiety-provoking. But think of this as an opportunity to prove your parenting skills and that you’re the best choice for primary custody.

    Be your best self, but not disingenuous. Be prompt when asked to submit information, stay calm when asked questions, and explain why you believe the court should award you custody.

    Related Reading: What Can I Do After The Final Custody Orders?

    What If You Can’t Afford a GAL?

    In most instances, the court requires the parents to pay the GAL’s fees.

    However, the good news is that there are circumstances where those fees can be waived. You can file a motion asking for an order for the following:

    • The other side pays, if they are financially able.
    • Require the county to pay the fee.
    • Order payment of the GAL fee based on the parties’ ability to pay.
    • Request to waive the requirement of a GAL.

    There is also the possibility that you qualify to have the cost waived if you meet one of the following conditions:

    • The court waived your filing fee.
    • You receive any public assistance such as TANF, SSI, SNAP, and/or ABD benefits.
    • Your household income is below 125% of the federal poverty level.
    • You have exceptional financial circumstances.

    You will need the following forms for a motion to waive the GAL fee:

    • Notice of hearing.
    • Motion and Declaration for Waiver of GAL Fee.
    • Order waiving GAL Fee.

    If none of these work for your case, you still have other options.

    You can ask the judge to divide all the GAL costs according to the percentage each party pays for child support or according to each parent’s ability to pay.

    When it’s time to go in front of the judge, you must tell them:

    • Why you cannot afford the GAL fee.
    • You believe you do not have enough income to pay for the GAL.
    • How much and what kind of public assistance you receive.
    • If you did not have to pay a filing fee at the start of your case.

    If you have fee waiver paperwork, make sure to give the judge a copy.

    Once all submitted information is assessed, the judge will ask the other party about their ability to pay the GAL fee. After a similar process, they make a decision.

    As always, it’s likely in your best interest to consult a divorce attorney. An experienced professional has been through this before and can let you know what to expect from a guardian ad litem and beyond.

    Related Reading: Third-Party Custody Rights

  • Oregon Custody: The Best Interest Of The Child

    Key Takeaways:

    • The courts follow one overriding principle in custody cases: the best interests of the child.
    • “Best interests” means safety, stability, and well-being.
    • Oregon Statute 107.137 lays out the guidelines for determining the best interests of a child in custody cases.
    • The courts consider any relevant factors when making custody decisions.
    • Who the primary caregiver is carries a great deal of weight.
    • Children do not get to choose which parent they live with.
    • The overall aim is to support a child’s long-term welfare.

    When it comes to child custody, the courts follow one overriding principle: the best interest of the child.

    This phrase is used frequently when kids are involved. But what does it actually mean?

    While the answer may sound simple and obvious, as with most things in the realm, it’s not always straightforward.

    What Is The Best Interest Of The Child?

    At a basic level, the best interests of the child are precisely what the phrase suggests.

    Where is the safest, most stable, healthiest place for the child to live? Which parent has the strongest relationship with the child? Where are they best cared for?

    In some cases, this is easy to determine.

    If one parent has a steady job and a secure home, while the other has a long history of abuse and neglect, the choice is clear.

    In circumstances where both parents are loving, well-adjusted, and able to provide a dependable, wholesome environment, the best interests of the child are more difficult to define and determine.

    How do courts determine the best interests of a child?

    Oregon courts consider many factors when making this decision. In fact, they use just about anything they deem relevant. Because of this, almost everything is on the table. However, there are several common elements.

    These include:

    • The child’s age and gender.
    • Educational options and resources are available to each parent.
    • The stability of each parent’s home.
    • Income and economic resources of each parent.

    Far from an exhaustive list, these factors, or some combination of them, often play the most substantial roles.

    Related Reading: Common Child Support Questions Answered

    Can a Child Choose Where They Want to Live?

    Many people believe the courts allow children to choose where they want to live and with which parent. That’s not the case.

    A child’s direct input rarely sways the court’s decision one way or another.

    The child’s wishes can play a role, but it’s not the norm. Children’s voices can be heard if the court orders a custody evaluation or appoints a guardian ad litem to represent the child’s well-being.

    The older and more mature the child, and the more well-reasoned their argument, the more weight their input will likely carry.

    That said, this input only goes so far.

    Ultimately, the court bases its decision on what’s truly best for the child rather than the child’s preference or parental convenience. If their opinion is to sway things, it needs to be more substantial than “Dad won’t let me stay out late,” or “Mom hassles me to do my homework.” They must present compelling reasons for wanting to live with one parent over the other.

    Related Reading: Oregon Custody: Parenting Evaluations

    How are the Best Interests Of The Child Are Determined?

    As you might imagine, the law specifically lays out the guidelines for determining the best interests of a child in custody cases.

    Oregon Statute 107.137 reads:

    “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.”

    Related Reading: Fathers’ Rights And Child Custody

    What does this Statute Mean for Custody Cases?

    The statute goes on to examine the process in even closer detail. Under the law, the court won’t focus solely on one of the above factors.

    They can’t consider a parent’s disability unless it endangers the health or safety of the child.

    The court considers income, social environment, marital status, disability, or lifestyle, but “only if it is shown that any of these factors is causing or may cause emotional or physical damage to the child.”

    Custody won’t be awarded if one parent has been convicted of certain classifications of sexual assault. Being denied custody under this subsection does not remove that parent’s obligation to pay child support.

    Beyond these, the statute also clarifies one common misconception. Many believe mothers have a legal advantage, but from a purely letter-of-the-law standpoint, that’s not the case. As written, the law doesn’t favor one parent above the other.

    Child custody cases tend to become contentious as emotions flare and tempers run high. It’s often difficult for parents to navigate these issues while keeping a level head.

    Maintaining composure and control helps you make sound decisions, reach a custody agreement that serves the child’s best interests, and meet the needs of everyone involved, especially the kids.

    Related Reading: How Do Criminal Charges Affect Child Custody?

  • Child Custody If A Parent Has a Mental Illness

    Key Takeaways:

    • When determining custody, the courts prioritize the child’s best interests above all other concerns.
    • Mental illness doesn’t disqualify a parent, but the severity can influence the decision.
    • If the illness necessitates frequent hospital visits, in-home care, or if the individual is prone to outbursts or violence, it plays a role.
    • If medication, therapy, and other measures keep symptoms in check, a judge is less likely to deny custody.
    • Mild mental illness, like moderate depression or anxiety, may not influence the proceedings at all.

    Mental illness affects many people. It often has a devastating influence on relationships and marriages. Not only does it frequently lead to divorce, but if a parent has a mental illness, it also impacts child custody cases in significant ways.

    How Mental Illness Can Impact Child Custody

    Cases involving a parent with a mental illness are notoriously tricky. This umbrella term covers depression, anxiety, addiction, borderline personality disorder, bipolar disorder, and many other conditions.

    Because of the nature of the beast, there’s no one-size-fits-all approach. It depends on the severity of the affliction, treatment options, the willingness of the parties involved to seek treatment, and many additional factors.

    Related Reading: How Is Custody Decided In Oregon?

    How Can A Mental Illness Impact Your Custody Claim?

    Because the child’s best interests remain paramount, they inform how the court divides the legal and physical parenting responsibilities.

    • If a mother is unable to maintain a stable living situation of her own due to mental health issues, a judge isn’t likely to grant her physical custody.
    • If a father has trouble making good decisions in his own life because of mental illness, that doesn’t bode well for making decisions for his children.

    Legal custody claims may take a hit in this scenario. When one parent has a documented history of mental illness-related violence or other behaviors that may potentially harm a child, courts also weigh those factors.

    Can You Lose Custody If You Have A Mental Illness?

    When determining custody, regardless of the factors involved, including a parent having a mental illness, the courts put the best interests of the child ahead of all other concerns. This includes physical and emotional safety.

    If it’s unsafe or harmful for a child to be with one parent, that’s the most substantial way mental illness impacts child custody.

    Mental illness doesn’t disqualify a parent

    It will, however, likely influence the decision. If it negatively affects a parent’s ability to parent or the parent-child relationship, the court considers it when determining parenting time.

    Impact on child custody depends on the severity

    A particular disorder may require frequent hospitalization, make a parent prone to violent outbursts, or necessitate in-home care. All of these factors may sway a case in favor of the other parent.

    With a manageable condition, the impact is often less severe

    If medication, therapy, and other measures adequately keep symptoms in check, a judge is less likely to deny custody. Mild mental illness, like moderate depression or anxiety, may not influence the proceedings at all.

    The court wants to keep both parents in a child’s life

    But again, it really boils down to the child’s best interests and how much mental illness impacts child custody. Though it may not bar a parent from being awarded custody, it may affect the type of custody awarded.

    Related Reading: Custody: What is the ‘Best Interest of the Child’?

    While mental illness impacts child custody in some cases, it may not dramatically bend a ruling. It all goes back to the severity of an affliction and if the court, usually with the input of mental health professionals, determines it’s safe for the child or not.

    Relatively minor cases, or a condition that’s well controlled with medication or therapy, likely won’t tip the scale as much.

    Depending on the circumstances, the court may award parenting time to a parent dealing with mental issues. These may be small blocks of visitation that require supervision. The amount may hinge on the parent adhering to a mental health plan, maintaining a stable home, or other requirements.

    Related Reading: Writ Of Assistance, Divorce, and Child Custody

  • Can Your Ex Stop Your Kids From Playing Sports?

    You probably noticed, but kids today are busier than ever before. Cluttered with extracurricular activities, social engagements, and more, it seems like they’re always running to what’s next.

    Sports often play a big part in this. They can be hugely beneficial: they’re a way to get exercise, make friends, learn teamwork, and develop other skills. In many situations, they’re so important that they factor into parenting plans after divorce.

    Can an ex prevent your kids from playing sports?

    In this discussion, we use sports as an example, but it can be any activity. Sports are common, but we could also be talking about martial arts, drama or musical performances, robotics club, or other endeavors.

    Youth sports come with their own baggage, like the ongoing discussion over potential injury, but similar regulations apply no matter the pastime.

    Objections to Playing Sports

    There are many legitimate reasons why parents may not want their kids to play sports. Maybe they believe it’s too dangerous or the possibility of injury is too high. This is a concern in all sports, but especially in high-contact games, like football.

    Perhaps one parent feels the kids are too young or that it will distract them from schoolwork.

    It may be as simple as one parent doesn’t want to schlep across town for practice multiple nights a week.

    Some reasons are compelling, while others aren’t as persuasive. But it varies from one situation to the next.

    Related Reading: Child Custody and the Best Interests of the Child

    high school baseball player

    Can Sports Be a Part of Parenting Plans?

    Ultimately, it’s up to the parents to decide whether or not to allow their children to play sports.

    Ideally, in making this decision, the parents truly consider the child’s best interests. You have to weigh factors like safety, whether they’re passionate about it, and so much more.

    In a perfect situation, both parents discuss the matter and come to an agreement that works for everyone. But that doesn’t always happen.

    For example, if your daughter plays soccer but your ex prevents her from going to games during visitation weekends, what can you do?

    In some cases, a parenting plan comes into play. This official court order establishes the custody arrangement after a divorce or break-up. These documents contain many things and often include a child’s activities.

    If an activity is important to your child, you can actually write it into the parenting plan.

    Sports often fall into this category. In this instance, if your ex attempts to stop your child from playing sports, you have legal recourse.

    Once you establish a valid parenting plan, both you and your ex must legally abide by the terms. Neither parent can decide one day to stop following the plan without repercussions. If the violation continues, you may even have a contempt case. That’s the extreme end of the spectrum, but it’s possible.

    There are caveats to this, of course. To write a specific sport into a parenting plan, you have to know your child has an interest. It’s one thing if your high school-aged son plays high-level AAU basketball or is an Olympic-hopeful figure skater. That you know to plan for, it’s another if your elementary school child maybe wants to play tee-ball down the road.

    Related Reading: Enforcing a Parenting Plan

    Contempt

    As we said, if your ex refuses to play ball, so to speak, and abide by the parenting plan, you may have a case for contempt. There are legal outlets to enforce the stipulations of your parenting plan.

    Different counties in Oregon have different regulations and procedures for enforcement proceedings, so it’s important to know the specific laws where you live.

    This type of legal action is serious, so it shouldn’t be undertaken lightly. It’s not for use if your ex makes your son miss a baseball game once. This is more of a last resort when you run out of other options.

    Sometimes, even the threat of legal action can be enough to convince the other parent to adhere to the rules going forward.

    Related Reading: What Happens After the Court Appoints a Guardian Ad Litem?

    Can You Change the Parenting Plan?

    If it becomes clear that one or both parents can no longer stick to the terms, it is possible to modify a parenting plan.

    Be warned, like most court orders, once in place, these are difficult to change. It’s often a long, expensive process. The best way is to make sure the original document is something everyone can live with for the long haul.

    In Oregon, you must file a Motion Requesting Modification. There’s more to it, but at a basic level, you’ll have to show a significant change in circumstances.

    Beyond that, you need to demonstrate that this move represents the child’s best interests. Even then, the court still may not grant the modification.

    When deciding whether or not to modify a parenting plan, the courts account for many variables:

    • If both parents agree to the alterations.
    • When there’s been a substantial change in circumstances from the original plan.
    • If the child is in harm’s way.
    • If the other parent refuses to follow the agreement or has been found in contempt.

    A judge may consider these and other factors.

    Ideally, if your ex tries to stop your child from participating in sports or any court-approved activity, it won’t require legal action. The best way to decide the fate of your child playing sports is for both parents to have a rational, adult conversation. In cases of divorce and custody, however, that’s often easier said than done.

    Related Reading: 5 Important Things Your Kids Can Learn From Playing Fantasy Sports

  • How Do You Find the Best Child Custody Lawyer?

    How do you find the best child custody lawyer? This is a big question.

    Few things get us as riled up as our kids. That’s a big reason why custody cases so often become intense and antagonistic.

    We want to fight for what’s best for our children. To ensure this, it usually benefits you to enlist the help of an attorney. But how do you find a child custody lawyer, and what does that even mean?

    Choosing The Best Child Custody Lawyer:

    Firstly, what constitutes the “best child custody lawyer” varies from case to case.

    The ideal match for one person’s personality and circumstances may not be a perfect fit for another. In reality, it’s a matter of finding the best fit for you and your specific situation.

    While there’s no universal roadmap to finding the best custody attorney, there are qualities to consider in your search.

    1. Similar Case Experience

    If you’re looking for the best child custody lawyer for you, one key component is experience in similar cases. Look for an attorney with skills in the areas your circumstances require.

      • Will your case be complex and high-conflict?
      • Does your child have special needs?
      • Is there an interstate element or a jurisdiction issue to take into account?

    Whatever the particulars, ensure that whoever you hire has the necessary background to handle them.

    Related Reading: How Mental Illness Impacts Child Custody Disputes

    2. Specialization in Custody Cases

    Like experience, specialization is also something to look for when trying to find the best child custody lawyer to represent you.

    Custody attorneys all practice family law, but not all family law practitioners are custody attorneys.

    Many are well-versed in multiple areas, but if an attorney is more interested in high-asset divorces, they may not be the right choice.

    Do your homework and ensure the skill set aligns with your specific needs.

    Related Reading: How Legal Marijuana Use Affects Custody Cases

    3. Knowledge of Jurisdiction Laws

    Laws and regulations vary significantly from one state to the next.

    The best child custody lawyer for your situation is one with in-depth knowledge of the local rules. Or at least where the case will be handled—the two are not always the same.

    In Oregon, it makes sense to hire an attorney who is familiar with the intricacies of Oregon law and knows how to strive for an optimal outcome. However, if the case is heard elsewhere, it often serves your interests to find someone in that area.

    Related Reading: What Is The UCCJA? A Look At The Uniform Child Custody Jurisdiction Act

    4. Accessibility

    In addition to knowing the laws, a local attorney may be the best child custody lawyer for your case for other reasons.

    Accessibility is important. Not only when it comes to being available to answer questions, but also in simple logistics. If you live in Eugene, it will be more challenging to meet with an attorney in Portland. Technological tools have made this easier in many cases, but it’s something to be aware of.

      • It’s much easier to meet without having to take a whole day off work or travel a great distance.
      • Local representation may also make an attorney easier to vet—perhaps a friend can refer you, or the regional bar association has recommendations.
      • Attorneys operating in a specific geographical area often also have established relationships with judges, courthouse staff, and others that can prove beneficial.

    Related Reading: Third-Party Custody Cases

    5. Communication

    This is someone you have to communicate with, but they also need to speak on your behalf with the opposing party, judges, other lawyers, and your spouse.

    They may also need to communicate with people who work outside of family law, such as accountants and other experts. Skills in this area are understandably critical.

    Whoever you hire is also a person you have to spend time with and work with.

    Ensuring you’re comfortable with them, confident in their abilities, and able to accurately communicate what you need is key. You’ll likely experience more than enough conflict; avoiding strife with your lawyer makes everyone’s life easier.

    Related Reading: What Happens When the Court Appoints a Guardian Ad Litem

    6. Consideration of Your Financial Resources

    No surprise, hiring an attorney tends to be quite expensive.

    Considering your financial resources and what you can and cannot spend is essential in determining the best child custody lawyer for you.

    Knowing upfront how an attorney handles billing helps you manage expenses and maintain realistic expectations of the cost.

    Related Reading: Can the Custodial Parent Relocate With Your Child?

    7. Compassion

    Divorce and cases involving kids and guardianship are intense, emotional times. The best child custody lawyer for you may be one who knows this and understands what’s at stake for your family.

    You don’t necessarily need someone to hold your hand every step of the way. Hire a therapist or lean on family and friends for that. You do, however, want to find someone with whom you can work on a practical level towards a common goal. And a little compassion never hurt anyone.

    Hiring the best child custody lawyer for your case is one of the most important decisions you may ever make. It can have a significant impact on your hearing and your life moving forward. This is why it’s essential to invest the time and effort to ensure your attorney is the right fit for you, your family, and your specific situation.

    Related Reading: Best Interest Of The Child

  • Can A Custodial Parent Relocate After Divorce?

    Co-parenting after divorce is difficult. Custody arrangements, parenting plans, schedules, and continuing conflict between exes all impact parenting time. And circumstances often change. What if one parent plans to move with a child? What can you do about potential relocation after divorce?

    In general, the law recognizes maintaining close relationships with both parents serves the best interests of children following divorce. This isn’t always easy, especially when one parent wants to move.

    Here’s what you need to know about relocation after divorce.

    What if the Primary Parent Wants to Relocate?

    There are countless reasons people relocate following a divorce.

    People often move to remarry, for new career or educational opportunities, to be near family, or simply to get away and start fresh.

    Because this impacts parents and children, and there are so many moving parts, relocation after divorce gets complicated.

    In Oregon, while you must follow the proper procedure and jump through legal hoops, this process is much simpler than in our neighbors to the north and south, Washington and California.

    The laws also generally favor a child remaining in Oregon and are more favorable for non-custodial parents than elsewhere.

    Related Reading: Do Courts Ever Award Split Custody?

    Notice of Intent to Relocate Oregon

    In Oregon, the custodial parent can relocate within 60 miles of the other parent without notification ahead of time. No matter the distance, however, the parents must continue to honor the court-ordered parenting agreement.

    For moves of greater distances, the state statute has a notice of intent to relocate provision. Instead of lengthy hearings, the custodial parent must provide reasonable written notice to both the other parent and the court.

    This provides the non-custodial parent ample time to take action if they have issues with the proposed move. If this is the case, and if there are objections, hearings, court appearances, and the like, ultimately become necessary.

    Related Reading: Child Custody Modifications After the Final Judgement

    Relocation After Divorce

    In Oregon, if you’re the custodial parent and intend to move more than 60 miles away, you must give notice of intent to relocate.

    This primarily involves filling out and filing a Notice of Change of Address Pursuant to ORS 107.159 form. This includes all the pertinent information like where, when, and who it involves.

    After filing the forms, you need to serve your former spouse.

    • You must do this early enough to provide reasonable notice to the non-custodial parent.
    • Should the other party object, you must demonstrate why this move represents the child’s best interests.
    • You need to show how this change of circumstances benefits your kids.
    • No matter the distance, you must also continue to comply with any court-ordered parenting arrangement.
    • If you won’t be able to do so, you must take the necessary steps to modify said parenting plan.

    Parenting plans typically set out a roadmap for who gets to see the kids and when. They deal with visitation, holiday schedules, how parents make child-rearing decisions, transportation, communication, and more. Oftentimes, they already include provisions for parental relocation.

    Related Reading: Child Custody After Divorce

    Can You Stop The Primary Parent From Relocating?

    If you object to your ex moving away with your child, you usually have to take legal action.

    In this situation, it’s likely in your best interest to hire a child custody attorney. An experienced professional will point you in the right direction, lay out your parental rights, and guide you through the process.

    After receiving the other party’s notice of intent to relocate, you can file a motion for custody or to modify the existing parenting plan.

    If you request a modification, you’ll have to demonstrate:

    • Relocation creates a significant change in circumstances since the previous order, and;
    • This change adversely impacts your ability to care for the children or negatively impacts your relationship.

    Related Reading: Best Interests of the Child

    How the Court Decides On Relocation After Divorce

    When it comes to cases involving minors, Oregon places the best interests of the children above other concerns. This includes cases of potential relocation.

    The noncustodial parent can file a petition to stop the move. On the other hand, the custodial parent can file a petition asking a judge to allow relocation. Ultimately, the move must benefit the child, not just the parent.

    Whichever parent files the petition and notice of intent to relocate, it falls to them to demonstrate how this is best for the children.

    In either case, the judge takes into account a number of factors when ruling on the case.

    The reason for the move plays into the court’s decision.

    Perhaps you plan to relocate to be near family and a broad support system. If relocation after divorce provides access to any specialized medical care a child needs, the schools are better in a new area, or a new job provides significant material benefits, all of these may factor into the decision.

    The court can rule on relocation in several ways:

    • First, they can allow the move.
    • They can also order the custodial parent to remain where they live.
    • Or they can allow the parent to move but award primary guardianship to the non-custodial parent.

    Whether or not the court allows relocation depends on the specifics of your case. Every situation is different due to its unique variables, and the various outcomes reflect that.

    Related Reading: Do Grandparents Have Third-Party Child Custody Rights?

  • Do Step-Parents’ Have Rights in Oregon?

    As common as divorce and remarriage are, the topic of step-parents comes up often in cases that involve children. More specifically, questions about step-parents’ rights and responsibilities frequently arise.

    Step-parents often form deep emotional bonds with children who aren’t biologically theirs. It can be devastating to lose these. Children face similar trauma, having developed a connection with an adult even though they may not be related by blood.

    Unfortunately, this happens all too frequently.

    Step-Parents and Child Custody

    In most cases, ending a marriage with the children’s parent usually means ending the relationship with the kids. That’s the unfortunate reality of this situation in most cases. The situation does change slightly if you adopted the child as your own, but still, it’s a tough row to hoe.

    When deciding on custody, the courts put the best interests of the child above other concerns.

    Unless there are extenuating circumstances, that usually means keeping the kids with the biological parent.

    Related Reading: How Criminal Charges Impact Custody

    Continuing Relationships

    Just because you get a divorce, that doesn’t necessarily mean step-parents can’t have a continuing relationship with the children. Again, this depends on the particular situation, especially the people involved and the nature of the relationship.

    There are two common potential avenues:

    • Visitation: Visitation is frequently the most realistic way to continue a relationship with a stepchild after divorce.
    • Custody: Custody does remain an option, but is not often a realistic one for step-parents.

    Seeking custody of a child is difficult for anyone, especially if you’re not a non-biological parent. This includes step-parents, grandparents, and other members of the extended family. For this to happen, the court generally requires sufficient justification that they’re protecting the child’s health and well-being.

    Related Reading: Finding the Best Child Custody Lawyer

    Difference Between Custody and Visitation

    With these two potential avenues, it’s important to know the distinction between custody and visitation. They’re very different things, and the court approaches each with many factors in mind.

    Legal custody means that the guardian—usually a biological parent—has the right to make decisions for the child. These decisions cover all facets of their life. Where to go to school, which doctors to see, what religion they practice, and everything else falls to this person. If it involves maintaining a child’s well-being, it’s the guardian’s responsibility.

    Legal visitation, on the other hand, means the court grants the noncustodial parent permission to spend time with the child. This can be either supervised or unsupervised, depending on the case. Visitation gives access to the child but doesn’t impart any decision-making authority as it does with custody.

    Again, when making decisions about a child, the courts use the best interests of the child as a baseline. This includes decisions about both custody and visitation.

    In cases of biological parents, in most situations, the court views keeping both parents a part of the child’s life as in their best interests. Exceptions include cases of abuse or neglect, drug use, or when the child’s safety may be in question.

    Related Reading: Oregon Custody: Parenting Evaluations

    Step-Parents’ Rights

    When making decisions on custody and visitation, the court considers many things. They account for established relationships, the potential benefits or drawbacks of a continuing relationship, any history of abuse, and the fitness of the people involved. This goes for biological parents, but also for step-parents.

    A continuing relationship can benefit both you and a child. Step-parents invest time, love, energy, and financial resources into building stable, caring bonds with step-children. These are meaningful to all the people involved. When faced with divorce, the potential loss of this connection can be devastating. To both parent and child.

    Odds are, the courts will leave the decision whether or not the child can see you up to the custodial parent. If you’re antagonistic and can’t communicate without fighting, that doesn’t bode well.

    If you have questions about your rights as a step-parent and the potential to remain in your step-child’s life, it’s probably in your best interest to speak to an experienced custody lawyer. They can address the specifics of your situation, give you an idea of your options, and tell you whether or not you even have a case.

    Related Reading: Unmarried Parents’ Rights