Special Needs, Divorce, And Child Custody

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Raising kids is tough, even in the best of circumstances. Raising a child with special needs only increases the challenges of parenthood. Throw divorce into the mix and it becomes a whole other world. Parents face a variety of legal and practical concerns. Related Reading: 7 Divorce Urban Legends People Accept as Fact Best Interests of Special Needs Children You have specific things to consider in a divorce between parents of a special needs child. …

Unmarried Parents’ Rights

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We talk a lot about divorce and child custody cases. The two often go hand in hand. But not always. Many couples have children without a wedding first. For some, it’s a choice. For others, it just happens. Whatever the situation, the question arises, what rights do unmarried parents have when it comes to child custody? The short answer is: unmarried parents have the same rights as married parents in Oregon. Of course, there’s more …

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7 Ways To Help Your Case

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In the wake of divorce, custody disputes often become the most harrowing part of the process. You love your kids and want the best for them, and the thought of not being around for them is terrifying. Countless factors play into the court’s ultimate decision about parenting plans and visitation and every case plays out in a different way depending on the kids, their age, you and your ex, where you live, and even the …

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Surviving Thanksgiving

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Thanksgiving is upon us. Though it’s traditionally full of family, friends, and other loved ones, this time of year is often tough for newly divorced dads. You may feel alone, especially if you don’t have your kids for the holiday. But there are ways to cope and survive what can be a difficult time. Most custody arrangements split major holidays between the parents. Part of establishing the parenting plan during divorce usually involves hashing this …

Split Custody: Why Courts Rarely Separate Siblings In Divorce

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As traumatic and painful as divorce is for the adults involved, when a couple has kids, it’s often even more intense for them. A parental split drastically alters a child’s entire world. Divorce often arrives with changing 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 often comes up: Will the court order split custody and separate siblings in …

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What Is A Status Quo Order? What Does It Mean?

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During divorce and breakups, child custody battles often become heated and contentious affairs. In some situations in Oregon, the court may issue temporary orders lasting the duration of a case. This may include temporary custody arrangements or even implement temporary child support. If a child is in immediate danger, emergency orders remove them from such potential harm. However, if you’re trying to keep a child’s living situation and routine in place, a status quo order …

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How Mental Illness Impacts Child Custody: What You Need To Know

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It’s difficult to talk about, and many couples keep it hidden, but mental illness impacts every facet of a person’s life, as well as those around them. It often has a devastating influence on a relationship or marriage. Not only does it frequently lead to divorce, mental illness impacts child custody in significant ways. Cases involving mental illness are notoriously tricky. Mental illness is a broad name that encompasses a wide array of disorders. This …

Fire It Up: How Legal Marijuana Impacts Child Custody

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Legalized marijuana has been a game changer in the increasing number of states to sanction cannabis. In 2012, Washington and Colorado became the first states to allow adults to possess small amounts for recreational use. It took a few tries, but Oregon followed suit in 2014 when a vote approved Ballot Measure 91. While this has been great for business, taxes, criminal proceedings, and general fun and games, it opened up a metaphorical can of …

How Criminal Charges Impact Child Custody

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The cast of MTV’s Teen Mom franchise has had a rough time. Then again, without the drama, millions of viewers probably wouldn’t tune in every week. Teen Mom 2’s Jenelle Evans has been embroiled in a heated custody battle. At the same time, she had assault charges filed against her. It’s a saga truly worthy of reality TV, but it raises the question of how criminal charges impact child custody. These assault charges hung over …

Moving On Up: Relocation After Divorce

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In general, the law recognizes maintaining close relationships with both parents serves the best interests of children following divorce. This isn’t always easy. Custody arrangements, parenting plans, schedules, and continuing conflict between exes can all derail parenting time. And circumstances often change. But what happens when the custodial parent wants to relocate? Here’s what you need to know about relocation after divorce. There are any number of reasons for relocation after divorce. People often move …

7 Keys To Finding The Best Child Custody Lawyer

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Few things get us as riled up as our kids. That’s a big reason why child custody cases so often become intense and antagonistic. We want to fight for what’s best for our children. To ensure this, it’s usually to our benefit to enlist the help of an attorney. The question is, how do you find the best child custody lawyer? “Best” is a relative term and should really be qualified as “the best fit …

Right Of First Refusal: Does It Do More Harm Than Good?

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The right of first refusal can be an important piece of a child custody order. After divorce or battles over guardianship, non-custodial parents can use it to spend as much time with their kids as possible. One question is: does this do more harm than good? What Is The Right Of First Refusal In Child Custody? If there’s a right of first refusal clause in a child custody order, this essentially means that if your …

Can I Sign Away Parental Rights?

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Being a parent is a tough job. Depending on who you talk to, it may very well be the toughest gig around. As rewarding, fulfilling, and worthwhile as it can be, it’s also demanding, draining, and not for everyone. Some people take to parenthood naturally, while others grit their teeth and power through out of obligation. But for those who just don’t get the hang of it, have zero interest, or are otherwise incapable and …

Enforcement Proceedings: Protecting Rights

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Many parents toil diligently to remain a part of their children’s lives in divorce and custody  hearings. This isn’t always a fight that ends with the final agreement and ensuring that the rights you struggled for don’t get trampled can be a continuous battle. This is where enforcement proceedings may come in handy. Men often work hard to establish their rights in a divorce or custody case only to slack when it comes to making sure …

How The UCCJA Protects Your Children

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During divorce, things can get bitter, nasty, and downright mean. There may be hurt feelings, lingering resentments, and all kinds of acrimony. When there are minor children and custody battles involved, the situation can become even more heated and intense. All too often in situations where there are taut, strained fights over guardianship, one spouse or the other has resorted to kidnapping. While not a common occurrence, it may be a looming threat. In order …

5 Tips For Custody Exchanges

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Even in the most amicable situations, a divorce is likely to leave lingering traces of bitterness and resentment, perhaps even outright hostility. If you never see your ex again, maybe that’s just fine with you. That’s all well and good, but if there are minor children and shared custody involved, you’re likely going to have to see your former spouse during custody exchanges. That’s just the way the world works. Depending on how often the kids …

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What is a Child Support Modification?

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Your divorce is finalized and the child support order has been determined. Your ex has primary custody of the kids and you have been told what you must pay each month. This determination was reached after the court analyzed the data and information provided to them by your ex and you. Their decision was based on your income, education, job, standard of living and a variety of other factors. It was also based on similar …

Parental Alienation

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Guilt is a common emotion for parents going through divorce. That guilt can seep into relationships and become toxic to everyone involved. It is common for issues to surface before, during, and after the divorce; and the extent of those issues can jeopardize the ability of both parent and child to move forward. In some situations, the parent-child relationship can become regressive and lead to Parental Alienation. Parents hold an immense amount of influence over …

Custody and Divorce — Keeping Kids Out of the Fray

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Click here to get answers at no chargePortland divorce lawyer, Colin Amos, stopped by The Game to answer questions about custody, divorce, domestic discord, and shielding children from becoming collateral damage. Providing a safe harbor for kids during divorce can be difficult, particularly if violence or abuse are part of the mix. Abuse can be take a variety of forms including verbal, emotional, and physical. If a child is living in a situation where there …

Colin On Air: Legalization of Marijuana and Post-nuptial Agreements

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Colin recently stopped by 750 The Game to discuss how legalizing marijuana might affect custody and divorce, and post-nuptial agreements. The conversation about the legalization of marijuana was spawned from a recent article in the Willamette Weekly about the upcoming vote for legalizing pot. According to the article, “A recent poll shows eight of 10 Oregonians believe it’s a matter of when, not if, voters erase laws against recreational use of marijuana.” The conversation regarding …

4 Tactics for Fighting Parental Alienation

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Parental Alienation is defined as “a social dynamic when a child expresses unjustified hatred or unreasonably strong dislike of one parent, making access by the rejected parent difficult or impossible. “ Father’s that are the target of Parental Alienation face a plethora of challenges. Overcoming those challenges can be overwhelming and leave fathers uncertain of their options for maintaining a relationship with their children. Have a Plan One of the best ways fathers can protect …

Enforcing a Parenting Plan

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What should I do if my parenting plan is violated? The parenting plan is the cornerstone of your custody arrangement. If one party violates the agreement, knowing what to do will help you protect your relationship with your child. What is a parenting plan? A parenting plan is often part of a divorce agreement, but it is also necessary for parents that were never married.  A parenting plan is a formal document that is filed …

What Can I do After the Final Judgment?

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When circumstances change it can create challenges for men paying or receiving child support. Changes in employment status, household income, or other events can drastically affect the need for, or ability to pay, support. For men in these situations, it can be frustrating to know what comes next. Fortunately, there are options available to adjust support and increase your time with your kids. Modifications and appeals provide opportunities for amending child support and custody orders. …

Grandparents’ Rights in Oregon —Third Party Custody

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The definition of family in the United States has evolved greatly and a one-size-fits-all characterization doesn’t exist. With the changing composition of American families, it is common for extended relatives and grandparents to step in and parent when the biological parent is absent or unable to fill the parenting role. Stepping up to raise a child can be rewarding, but can also carry uncertainty—depending on the circumstances. For grandparents, or relatives looking to have greater …

Child Custody: The best interest of the child

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In the best interest of the child In divorce and custody cases the phrase “in the best interest of the child” is used frequently. But what does it mean? In some cases it can be obvious. In situations where one parent is unable to care for the child and provide a safe and loving home, the best interest of the child is easier to determine. But in circumstances where both parents are loving, well adjusted, and …

Oregon Custody: Parenting Evaluations

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Child custody can pose many challenging issues making it difficult for couples to reach a custody agreement. Ideally couples will work together to create a parenting plan and schedule that is acceptable for all parties. Realistically the courts will frequently be required to decide what is best for the child and create custody orders that reflect the findings of the court. For men mired in a contentious custody battle, the idea of the court deciding …

Update on Terry Achane’s Child Custody Case

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Court rules in favor of protecting Achane’s parental rights. Terry Achane is the Army Staff Sergeant that is battling to protect his paternal rights in the Utah Supreme Court. The custody battle began when Achane’s wife gave birth to their daughter and subsequently put the child up for adoption while Achane was away on active duty. In December 2012, a Utah court ordered the couple that adopted Achane’s daughter return the child. Instead of handing …

Father Fights for His Paternal Rights

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Soldier fights for custody of his daughter in Utah Father’s often face an uphill battle in family courts for a number of reasons; one of these reasons can be establishing paternity. In many states a mother can opt out of identifying the child’s biological father on the birth certificate. For unwed fathers this can limit their ability to enforce their parental rights and in some instances will preclude them from knowledge of the child’s existence. …

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Divorce for Men Radio – primary physical custody

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Episode 2 — Usher is awarded primary physical custody [soundcloud id=’66258467′ color=’#205ba2′] In a legal battle that has spanned more than 3 years, Usher and his ex-wife continue the contested debate centered around primary physical custody. They recently returned to court once again. Celebrity watch websites are reporting that the feuding couple was back in court in late October over details regarding child support. The case, which appeared to reach a resolution in August with …

Goldberg Jones Attorney, Chance Fewel, Featured by Oregon School of Law

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A recent feature on the University of Oregon School of Law website highlighted the legal legacy of Goldberg Jones attorney Chance Fewel. Chance and his father both attended the University of Oregon School of law and went on to fulfilling legal careers. The article illuminates how Chance followed in his father’s footsteps, but was motivated by a different driving force. Chance was driven to become an attorney by his desire to “be something rather than …

Child Custody: Kelly Rutherford’s battle to be the custodial parent

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Kelly Rutherford has made a name for herself with her roles in Scream 3, Melrose Place, The Fugitive, and Gossip Girl. More recently, Rutherford has been in the news for her transatlantic battle over child custody. While Goldberg Jones is not involved with this case, it does provide an interesting platform for understanding several key points common in custody cases. The Rutherford-Giersch custody case began with Rutherford’s divorce from Daniel Giersch in 2009. In 2010 …

No Substitute for Dad

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The importance of fathers is frequently overlooked and underappreciated. A study was recently released that validates the impact a father has on his child’s development and the role dads play in cultivating the well being of their kids. The study, conducted by Ronald Rohner of the University of Connecticut, delves into the how the father child relationship is tied to psychological development and contributes to forming the child’s personality. Rohner’s study examined 36 separate studies …

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Can my ex-girlfriend use my past as an alcoholic against me?

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Colin tackles a number of questions about child custody, divorce, and child support modifications this week on the radio. One Portland husband and father asks if his ex-girlfriend can use his past as an alcoholic against him. The caller asks: “I have a seven year old son with my ex-girlfriend. We have been separated for the last 6 months. I have him every other weekend and times during the week. She consistently jerks me around and …

Should I Get a Legal Separation First?

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Portland family law attorney, Colin Amos, talks family law and divorce for men. This week he fields a number of calls about divorce, legal separation, and how to get an annulment. One question from a Portland husband and father asks whether a legal separation or a divorce would be a better path to take. He asks: I have been told that I should get a legal separation first and then get a divorce. Is this …

My wife is having an affair on Facebook. Do I need to hire an attorney? Or, can I do this divorce on my own?

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Colin Amos from Goldberg Jones answers questions from Portland and Clark County about divorce, child custody, and how to pick the right attorney. One father writes in to ask if he really needs an attorney. My wife has been having a Facebook affair. This is not the first time. I am done. We have two kids and I have a small retirement plan. My house is underwater. Obviously, I don’t have much money. Do I …

How to Avoid Setting a Bad Precedent when Separating – Portland Divorce Lawyer’s Advice for Men

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Colin Amos leads off this week’s interview with some important issues for men to consider when separating. He answers a question by a local husband and father. My wife and I have been in counseling and it has been suggested that we consider separating from each other. I have a daughter and my wife doesn’t work. This will pinch us financially. So, I am reluctant. Is there anything else I should be concerned about? Colin’s …

Is Leaving the House in my Name Sufficient?

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In his most recent radio interview, Colin Amos talked about pre-nups,  Portland Divorce for men, and child custody. He took questions from callers and questions that were submitted to our website. One question he answers asked about separate property and when to get a prenup. The question read: I plan on getting married in a few weeks. I have a house in my name, some investment accounts, and a retirement account. I plan to leave …

When is the Best Time to Start a Divorce or Modify Custody in Portland?

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If you have children who are in school, you may consider starting the process before the end of February. Colin Amos, managing attorney for Goldberg Jones and Portland divorce lawyer, explains why in this radio interview:   Modifying a custody arrangement is not an overnight process and courts are less likely to make changes in the middle of the school year. If there is any dispute over custody,  it could be up to 6 months before …

Colin Amos, Talks Prenups

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Most people either hear about prenuptial agreements from the celebrity gossip page or from the classic Seinfeld episode. On your first marriage, most people never think about getting this valuable protection. However, divorce is a great learning experience and you would be surprised how many people get a prenup for their second marriage. Recently, our managing attorney, Colin Amos, was on the radio to talk about Portland prenuptial agreements. He talks about when you need them, what protection they provide, and …

Portland Divorce Attorney Colin Amos talks Parenting Plans and Child Custody on the Radio

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Portland Divorce Lawyer and managing attorney of Goldberg Jones, Colin Amos, talks about the holidays, child custody, divorce and parenting plans.  If your ex-spouse is causing you trouble this holiday, a good parenting plan can make your life much easier. We are the Portland law firm of Goldberg Jones, a dedicated group of divorce lawyers with decades of family law experience. It’s because of this extensive experience our family law lawyers have successfully represented thousands …

Criminalizing Poverty

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There was a very interesting article on MSNBC today about the problems that are faced by dads who lose their jobs. Many are stuck in the situation where they are unable to pay child support. After months of failing to pay, the court issues a warrant for their arrest. Many times these dads are thrown in jail without ever talking with a lawyer. Thousands of so-called “deadbeat” parents are jailed each year in the U.S. …

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Are Men Second Class Citizens in Divorce?

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The Huffington Post ran a very interesting opinion piece this week on Men’s Rights and Family Law. The author, who is a divorce lawyer from St. Louis, believes that men’s right issues have been elevated to that of a civil rights crisis. “Quite frankly, men’s rights has become a civil rights issue. When you think of the progress we’ve made in civil rights, men’s rights as it pertains to the family have been neglected […] …