The short answer is no. Conflict – what does that mean? Does it mean that there is abuse in terms of physical abuse? Does that mean that there is just a lot of arguments? Does that mean that they are diabolically opposed in how they should raise this child? It makes the whole process very […]
Child Custody
Can Biological Parents Regain Custody From A Third-Party?
Can biological parents regain custody from a third-party? Read the article from Laura Schantz, a Beaverton divorce and family lawyer, to find out.
How are custody or divorce cases resolved when there’s a pending dependency case in Juvenile Court?
In Oregon, we have mandatory consolidation with a juvenile case and a divorce case. It would be heard in the Juvenile Court with the juvenile judge. What typically happens is, both of the cases will run simultaneously, but depending on what’s happening in the juvenile case, you may want to slow the divorce case down […]
How can a father increase his chances of being awarded the primary custody of his children?
There are many factors that go into awarding custody, and a lot of that has to do with what the court considers the best interests of the child. Oftentimes, at least traditionally, fathers have not been involved as deeply with the children as the mother. However, in this world where both parents indeed work and […]
Is there any reason why fathers should not be awarded custody of their children as often as mothers in New Jersey?
There is no reason why a father can’t be awarded custody. We speak in terms of custody, meaning physical custody or residential custody of their child, just as often as a mother. There’s no reason why it shouldn’t happen. Rosalyn Charles is a family lawyer practicing in Newark, New Jersey.
What are the things that a third party would have to prove to obtain custody or visitation rights to children?
It’s based on the Troxel v. Granville case, which is a US case, so every state is going to have statutes that are similar to the Oregon statute. But in that case, for custody, Oregon requires that the person who is requesting custody has recently been the child’s primary caretaker; prove that the legal parent […]
Do the courts try to award custody to one of the biological parents whenever possible?
Yes, they do. The biological parents have strong rights; they’re presumed to be acting in the best interest of the child – and actually it’s the legal parent, not necessarily the biological parent. A legal parent is the parent by adoption or biology. They’re exactly the same, but the legal parent has the right to […]
How does a Family Services referral during a pending divorce action impact the custody determination?
That referral can have a big impact on the custody determination because Family Services will do an investigation. They will want to talk to all the parties and the children. Perhaps the mom and her new boyfriend got into a big argument and there’s some physical nature to it and the children witnessed it. Now, […]
How easy or hard is it to get a court to award custody to a third party?
It’s very hard. There is a presumption in Oregon that the legal parent acts in the best interest of the child, and ever since the United States Supreme Court case Troxel v. Granville that was decided in June of 2000, the rights of biological parents or legal parents have been extremely strengthened and almost all […]
How can a service member ensure regular contact with his or her children during deployment?
Generally, military will not get involved in custody disputes. They’re not there to mediate in any way, shape, or form. The JAG officers will try to intercede until it becomes too contested. Contact during deployment is best ensured by the court order, and enforcing your rights through court if the other parent won’t let you […]
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