Feibleman Case Attorneys at Law - Family Law, Divorce, Estate Planning, Personal Injury, Alternative Dispute Resolution attorneys / lawyers in Oregon

Children, Custody, and Parenting Time:

All parents have the same legal rights to their children until a court says otherwise. That means that absent a court order, either parent can be as fair or unfair as they choose. The balancing test for how a party’s rights are determined is affected by your legal standing in the case (i.e. parent vs. third party status) and the action being filed (i.e. divorce, paternity, guardianship, family abuse or third party rights).

In a divorce involving children, the main concern of a judge will be “the best interest” of the children. Oregon law lists various factors which are to be considered by a judge such as:

The emotional ties between the child and other family members.
The interest of the parties in and attitude toward the child.
The desirability of continuing an existing relationship.
The abuse of one parent by the other.
The preference for the primary care giver of the child, if the care giver is deemed fit by the court.
The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.

Parenting Time (also called visitation) is a schedule that determines the minimum amount of time a child will be with each parent pursuant to a court order. Each case is unique and the amount of parenting time ordered depends on facts such as the age of the children, time and scheduling requirements (based on the school year, for example) and the distance between the parents' households. As noted above, most counties have default schedules for your review. The typical schedule for many families is alternate weekends, mid-week contact, half the summer, half of winter break and alternating holidays such as Thanksgiving weekend, holiday weekends, birthdays, etc.

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