Children
Child Custody
Concerns for your children add to the stress of your breakup. Worries about custody and parenting may raise emotions and disagreement. Your children matter not only to you but as people in their own right. But sometimes it can be hard to protect your children from the stress of a family law case.
Under Oregon law, it's your right to stay involved with your children. This includes spending a lot of time with them and staying informed about major life decisions (school, health and religion). Custody deals with the second right and who makes those decisions. It is not about where you children live or when you see them. Those issues are decided separate from legal custody with in a "parenting plan"
It's important to get good custody, time sharing and support arrangements for you and your children. Start by learning as much as you can about Oregon law and what child professionals recommend for the most precious member(s) of your family.
Oregon law encourages parents to stay involved. Judges welcome joint custody agreements so you and your coparent share the big decisions affecting your child. But the court can't order you to share legal custody.
If you can't agree about custody, the court decides who will have custody. To do this, the Judge goes through an analysis of what s/he thinks in is your chidren's "best interests." The judges will use a list of factors in Oregon law and are guided by prior cases that have gone to appeals courts.
Make sure you understand both the factors and what they mean for your family. Use that information in your discussions with your co-parent or, if you aren't able to work together, be ready to give the judge examples for each of the factors.
The court also will decide “parenting time,” if you can't agree to a schedule yourselves. Like custody, parenting time is decided by the best interest law. Whether set by the court or agreed by you, a parenting time schedule has to be put into a “parenting plan,” which can include
- your schedule or calendar with your child,
- sharing information
- relocation
- communication
It's important that you get this right and that starts with understanding the law. But you also need tools and strategies as you find your way in your new family structure. Neither the law nor Rogue Family Law assume your parenting plan should be based on gender. We have worked with ambitious, busy parents who are just as devoted to their children as the stay at home parent. And we have represented parents who have devoted all of their time to their children, putting career and other opportunities second.We know that both types of parents see child custody as key to their case. So do we. That is why we:
- Help you prepare the best case for custody and parenting time possible for both you and your children’s needs
- Can assist you to understand and advocate for the right amount of child support the judge will order
- Support you to try to resolve questions about your children through mediation to limit emotional impact on your children
We are dedicated to seeing you and your children through this process.
Your Life. Your Case. Your Way.
When you're ready to get started, fill out a no-obligation Application Form. We'll run a Conflict Search and then, if we can help, we'll send you more information about the options available to you - including the Legal Orientation and the Legal Workshops. Click the button to start the process.