Divorce Oregon Custody

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Divorce results into legal dissolution of any unsuccessful marriage. Apart from simply ending any marital relationship, various other aspects that exist between both the divorcing individuals are also resolved. The child custody issue is always considered as one of the most sensitive and critical issues. The decision regarding child custody is important because of its major impact on child's upbringing after the parent's separation. The child's best interest is the main factor that is taken into account while determining the custody. However, modifications can also be brought as per the demand of the situation. If the parents draft a written agreement or after a court conducts a hearing, the custody orders in this state can be altered. Irrespective of which of the above two methods have been followed, the parents must produce the agreement in written form, submit it for the signature of the judge and file it in the court. Therefore, maintenance of appropriate divorce papers is immensely important in order to have proof of all decisions approved by the court.

The party who makes a request to alter the previous custody order must prove that an unanticipated and considerable alteration in conditions has occurred after the previous order was filed. For example, there might be enhancement in the parental capacity of the non custodial parent or development of an inability of the custodial parent. As a result, due to such conditions, there can be a necessary need to modify the custody rights.

Function of Juvenile Courts in Divorce Custody

• In this state, juvenile courts address cases related to delinquent and dependent children.
• If a child has committed an act that would be regarded as criminal, then the child is called a delinquent child.
• A child who has been neglected or abused by the custodian parent is termed as a dependent child.
• The proceedings in the juvenile courts usually impact family law actions like visitation, custody, separation and divorce. In majority of cases, the family law case is consolidated with the juvenile court case and the juvenile case is regarded as the controlling case.
• The proceedings in a juvenile court are complex and grave. It is very vital to be represented by a lawyer. In some cases, third parties like psychological parents or grandparents can be offered formal custody responsibilities or may be considered as parties. However, these parties should gain knowledge about their rights from an attorney.
• In dependency cases, a lawyer is generally appointed for the child. In some cases, the court appoints a CASA (Court Appointed Special Advocate) in addition to or in place of a lawyer. The duty of the CASA is to advise the court about the best interests of the child
• In delinquency cases, a child is allowed to consult the lawyer. If the child cannot afford a lawyer, then the court appoints one for him or her.

Case Studies Regarding Divorce Custody in Oregon

There are some specific conditions when child custody is meant to be modified. Some of the case studies are mentioned below that can help you to understand the valid rights and laws followed in this state:

• The father physically abused the mother in marital life. Is it reasonable for the mother to be anxious about unsupervised visitation by the father? - There are experts who have an opinion that if an individual abuses his or her partner, this individual might abuse their child. However, courts demand proof that an unsupervised visitation is contrary to the best interests of the child.
• A wife is going through an extra marital affair with any third person. Can the husband request the court to issue orders that the wife should not visit the child when her lover is present? - Generally not.
• The mother does not permit the father to visit the child. Can the father stop disbursing child support on the basis of this fact? - No. The principle is that two wrong things do not result in one right thing. The father must take precise legal action to ensure that his visitation rights are being reinstated.
• The father and mother share custody rights. Does this imply that none of them should pay child support? - No. The child support guidelines in Oregon have an adjustment provision that applies to child custody. As per this, the parent with higher income should transfer some money to the parent with lower income.

The child custody laws in Oregon mainly focus on making fair decisions regarding the choice of suitable divorcing parent who can efficiently take the responsibility of the child after legal ending of the marriage.

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