Experienced Salem Child Custody Attorney
Few issues in divorce are as contentious as child custody. Emotions run high, and children can become caught in the crossfire. However, it is possible to avoid this kind of turmoil – if you work with an attorney whose approach to child custody is strategic and client-focused. I am attorney Daniel J. Lounsbury, and I have been handling child custody cases in Salem and surrounding areas of Oregon for many years.
Unless both parties agree to it, courts will not order joint custody. Instead, the courts usually award custody to one parent and parenting time to the other. I will take steps to assert your interests while helping you focus on your child’s best interests. Drafting a parenting plan requires knowledge and experience. Without an experienced attorney to guide you, you may craft a parenting plan that adversely impacts you at some point in the future. I will help you understand and enforce your rights.
Marion County Custody Dispute Lawyer
Custody disputes can be damaging to everyone involved, especially children. As a parent, I understand how important it is to shield children from the conflicts that can arise during divorce. Whenever possible, I encourage my clients to choose settlement over litigation. However, when settlement is not possible, I am more than prepared to aggressively represent my clients in court.
In the future, your circumstances may change, and you may need to pursue a modification of the original child custody order. I am prepared to assist you with child custody orders, parental relocations and move-aways.
How Do Oregon Courts Determine Custody?
When the courts make decisions about child custody and parenting time, they will consider all six important “best interests” factors about the child’s welfare. Under ORS § 107.137, these factors include:
- The child’s emotional ties to each parent
- Each parent’s attitude towards the child
- Each parent’s desire to maintain their child-parent relationship
- Each parent’s capability and willingness to care for the child
- Any history of abuse or sexual assault from either parent
- The primary caregiver’s preference
The court may also assess a certain parent’s income, conduct or social environment if there is reason to believe that their actions may cause emotional or physical endangerment to their child.
Understanding Legal Custody Versus Physical Custody
When you or your spouse files for divorce, you must navigate the terms of your child custody and parenting time arrangements fairly or have the court make decisions based on the law. Custody in Oregon is divided into two types – legal and physical – and may be awarded by a judge to both of you (joint custody) or only one of you (sole custody).
Legal custody is the right of one or both parents to make decisions about their child’s upbringing, including decisions about their school, extracurricular activities, religion and healthcare.
Physical custody is the right of one or both parents to have the child live with them. This ensures that a parent performs their parenting duties on a regular basis, helping their child with their daily school activities, homework, meals and bedtime routines.
A court order will address both types of custody separately, with the arrangements focused on the child’s welfare and each of the parents’ circumstances. When you collaborate with me for your child custody case, I will guide you through every step of the legal process and help you make informed decisions that can positively benefit your child’s needs and your interests.
What Does The Custody Evaluation Process In Oregon Look Like?
Child custody evaluations are conducted by professionals who are experts in childhood and family issues and are typically psychologists or licensed clinical social workers. To help the court determine the most suitable custody and parenting arrangement for the child, evaluators will assess various key factors, including:
- The family dynamics
- The child’s physical, emotional and social needs
- Each parent’s capability to provide emotional and physical support for their child
- Each parent’s relationship with their child
- Each party’s willingness to co-parent
The evaluator will also collect valuable insights from other sources, such as their family members and the child’s teachers. After completing the evaluation, they will prepare a comprehensive report with the assessment results and a recommended custody arrangement. This document will be submitted to the court and be used by the judge to determine their final custody decision.
Call Me Today For A Confidential Consultation
To schedule a free initial consultation with me, contact my Salem family law firm today at 800-615-7072 or send me an email online. I have someone on my staff who speaks Spanish. Se habla español.