If there’s a right of first refusal clause in a child custody order, this essentially means if your ex is not going to be with your child, you have the first shot at being there. This provision allows the non-custodial parent to capitalize on opportunities to spend more time with the kids. It often makes up for limited visitation and manifests in a variety of ways.
Before your ex arrives to pick up the kids, make sure they’re ready to go. If it helps, make custody exchanges at their school, daycare, babysitter, etc. Make the exchange in a public place where someone may be less likely to cause a ruckus. You can bring a 3rd party or mutual acquaintance along as a chaperone. For hostile situations, there are police station safety zones or you may have a supervised visitation center nearby.
A parenting evaluation is a formal assessment of the parties’ parenting skills and the determination of which parent is best suited to be the child’s primary caregiver. An impartial third party examines the facts and advises the court They review documents, interview witnesses, speak to the children, request assessments (drug, alcohol, psychiatric, etc.), and more.
The first step in enforcing your parenting plan is to file a motion seeking enforcement. The court will conduct a hearing no more than 45 days after the filing, then review the motion to determine if a violation has indeed occurred.
In the case of unmarried parents, the mother and father sign a Voluntary Acknowledgment of Paternity. This legally declares they are the parents, and then they can add the father to the birth certificate. If there is no agreement, the state can establish paternity through the court. DNA testing is the most common and accurate method for determining a child’s biological father.
Key Takeaways: The court’s primary concern is the best interest of the children. In most cases, the authorities view keeping brothers and sisters together as in the best interests. Unless there are extenuating circumstances, such as one child legitimately posing a threat to the other, the court rarely separates siblings. If the children themselves request split custody and have a legitimate …
What is the Uniform Child Custody Jurisdiction Act and how determining jurisdiction impact child custody cases?
The court may appoint a guardian ad litem during a custody case, but what does that mean and what should you expect once that happens?
At a basic level, the best interests of the child are precisely what the phrase suggests. Where is the safest, most stable, healthiest place for the child to live?
Cases involving a parent with a mental illness are notoriously tricky. This umbrella term covers depression, anxiety, addiction, borderline personality disorder, bipolar disorder, and many other conditions.
A parenting plan is a court-approved document that establishes: where the child will live; how much residential time each parent gets; how major decisions will be made; and how holidays, vacations, and other special events will be handled.
Neither parent can terminate their custodial duties and obligations and just walk away. The one exception. In Oregon, adoption is the only circumstance where a parent can sign away parental rights voluntarily.
If your ex refuses to let your kids play sports or participate in other activities, do you have any legal recourse? You may be able to include certain activities in your parenting plan.
The best match for one person’s personality and circumstances may not be quite as perfect for another. While there’s no universal road-map to the best child custody lawyer, there are qualities to consider in your search: 1. Similar experience 2. Specialization 3. Communication 4. Availability 5. Knowledge 6. Affordability 7. Compassion
Because this impacts parents and children, and there are so many moving parts, relocation after divorce can be complicated. In Oregon, while you must follow the proper procedure and jump through legal hoops.
Just because you get a divorce doesn’t necessarily mean stepparents can’t maintain a relationship with the children. There are two common potential avenues: seeking visitation or custody. Visitation is frequently the most realistic way to continue a relationship with a stepchild after divorce.
On a purely academic level, legal marijuana impacts child custody similarly to alcohol consumption. As you’re probably aware, however, the courts don’t always treat the two substances the same way. You may encounter a judge who’s sympathetic to your plight. But it’s entirely possible you’ll pull one with more of a hardline stance.
Third-party custody often arises when a grandparent steps into parental roles when the biological parent is absent or unable to fill them. The grandparents, or another third party, must prove they truly represent the child’s best interests.
In child custody, many think fathers and mothers have different rights. They don’t. Here’s what you need to know about fathers’ rights.
Standard child custody cases already have a great deal to contend with. Where the child lives; who pays child support, and how much; how often you see the kids, and for how long; and much more. When a child has a disability or special needs, you must also address the specific requirements of their situation.
If the police arrest one parent during a custody case, or if a parent has pending charges, several factors determine how much impact it has on the case. If the crime in question directly relates to the custody case, it has substantial bearing. However, if the police arrest your ex for an unrelated misdemeanor, the court may not consider it at all.
