The law firm of Zwaanstra Law Office, P.C., located in Hillsboro, Oregon, serves clients throughout Oregon and Washington, and many of our clients come from Washington, Clackamas, and Multnomah Counties and the surrounding communities including Beaverton, Gaston, Tigard, Wilsonville, Oregon City, Gresham, Tualatin, Aloha, Lake Oswego, Forest Grove, and Portland.
Child Custody
The concept of child custody is generally composed of two parts – legal custody and physical custody. Legal custody generally refers to the party who will have major decision-making authority and responsibility for day-to-day activities. Physical custody generally relates to the time the child spends with each party and is often interchangeable with the concept of parenting time. Many counties have adopted model, standardized guidelines concerning parenting time. However not all counties have done so and the guidelines do not always apply to the facts of every case. Ultimately the decision regarding legal and physical custody is best left to both parties to decide. In the event that both parties cannot reach a decision, the court must decide what is in the best interests of the children.
Child Support & Spousal Support
Support is comprised of two areas – child support and spousal support. In general, child support is guided by the Oregon Administrative Rules, which determines a certain amount of support based upon a variety of factors such as income, daycare, health insurance, and parenting time. The amount can be modified upward or downward in some instances, depending upon the specific facts of the case. Spousal support, on the other hand, is a product of both the legislature and precedent. The Oregon legislature has segregated support into the following three areas:
Division of Property
In general, there is a presumption under Oregon law that both parties have contributed equally to the acquisition of property during the marriage. Oregon is not a community property state and the presumption does not generally apply to assets acquired before the marriage. However, in some circumstances, courts have the ability to consider periods of pre-marital cohabitation in determining an equitable division of property.
Modifications
After the entry of an order or judgment, an Oregon court generally has the authority to alter or modify the provisions related to custody, parenting time, and support. In order to modify the provisions of a prior order or judgment, the court must first establish that it has jurisdiction over the subject matter.
Paternity
Oregon law presumes that the child of a wife living with her husband (who was not impotent or sterile at the time of conception) shall be presumed to also be the child of her husband. A paternity proceeding may be initiated when a child has been born out of wedlock or when a woman is pregnant with a child who may be born out of wedlock. In general, this proceeding may be initiated by the mother of the child, a duly appointed and acting guardian of the child, or the person claiming to be the father of the child. Although there is generally no statute of limitations in filing such an action, a significant delay in initiating an action may have legal and constitutional implications. It is important to consult with an experienced attorney as soon as possible. Once paternity has been established, the court has the authority to order either parent to pay for the past and future support and maintenance of the child during its minority or attendance at school, as well as prenatal birth and postnatal care expenses. The court also has the ability to determine custody.
Restraining Orders
In general, restraining orders are issued under a set of Oregon statutes called the Family Abuse Prevention Act (FAPA). Oregon law provides that a party may apply for a FAPA Order of Restraint, which effectively restrains the other party from contacting, or attempting to contact, the requesting party. The requesting party may also request the court to determine and resolve temporary custody and parenting time issues related to any children of the parties. To obtain such an order, the requesting party must have been the victim of abuse by a family or household member (including a spouse, cohabitant, sexual partner, or adult related by blood or marriage without regard to gender) within the previous six months, must continue to be in imminent danger of further abuse, and the restrained party must represent a credible threat to the physical safety of the requesting party. Once the restrained party is served with notice of the order, they generally have thirty days to contest the basis for the order, although provisions related to custody and/or parenting time may generally be contested throughout the duration of the order. A FAPA Order of Restraint is generally in effect for one (1) year unless it is withdrawn, dismissed, or extended for good cause. In addition to a FAPA Order of Restraint, the court may restrain a party from interfering with another party or the minor children in connection with a dissolution, separation, or annulment case if the requisite facts are present.
Adoptions & Guardianships
Adoption is a proceeding whereby a new parent or parents are legally substituted for a former parent or set of parents. Once an adoption is finalized, one or more of the birth parents are effectively relieved of all parental responsibility and have no rights concerning the adopted child. The adoption procedure may be initiated by an agency, such as the Department of Human Services, or by an individual such as a stepparent or a relative. In general, the adoption process requires either consent by the birth parent(s) or a termination of rights by a judge due to desertion, neglect, or other statutory factors. The adoption process can be quite complicated and varied and should be discussed carefully with competent legal counsel.
If you have additional questions or concerns regarding our services, contact us today for a consultation.