Parents should have evidence that will present their relationship with a child in a positive light.
Portland, OR – When parents are going to have child custody issues due to a divorce or paternity test, they should be prepared to attend a custody hearing or make a settlement. Some general knowledge of these rules is helpful, and it is also important for each parent to retain their own lawyer to prepare based on their personal situation. The most important thing to remember is that each parent will need to show that they are capable of giving their children a safe, positive environment to grow, and that they have already invested in the upbringing of their children.
A settlement between the parents is beneficial
In most cases, if the parents can agree on their custody arrangement, this will usually be the best outcome. They can make their own parenting plan, and simply have the judge assigned to the case make it legally binding. There will be less time and money spent in court, and the parents are less likely to have conflicts when they have already agreed to an arrangement that works for both of them.
Some counties in Oregon will actually force the parents to try to come up with an agreement through a mediation session before a judge gets involved.
The best interests of the child
If parents are planning for a custody hearing, they should be aware of the standard known as the best interests of the child. This is used by judges in just about every state, including Oregon. These factors may include how the child will be raised, which parent can provide in terms of resources, health, and safety, and keeping the child away from an abusive parent or issues of domestic violence. Judges also tend to emphasize ties to the community and minimize disruptions such as moving or changing schools if possible. Unlike many other states, Oregon does not allow the child to have any input regarding their living arrangements or which parent they want to stay with.
Parents should have evidence that will present their relationship with a child in a positive light, but the judge ultimately has discretion to consider a number of factors to find the child’s best interests.
There are no presumptions in custody cases
The judge will use the best interests standard to guide their decision based on the evidence available. No parent is given any kind of preferential treatment, and there is no assumption that either a mother or father should have more custody time.
More information about custody issues in Oregon
USAttorneys.com contains a directory of child custody lawyers in Portland, as well as legal professionals who practice in other areas of the law. Anyone can browse the directory to find a local attorney and get help.