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Lake Oswego Oregon Family Law Blog

When can parents lose custody of their child?

Child custody courts in Oregon want children to have a relationship with both of their parents whenever this is possible. They believe that in the majority of circumstances, this is what is in the best interests of the child. However, situations can arise where a parent's custodial influence could actually damage the well being of the child. In these situations, the courts may take action to take away custody.

If you have lost custody of your child or believe that you are at risk of losing custody of your child, it is important that you understand how child custody courts operate. Additionally, if you want to protect your child from their other parent, you should learn about the circumstances in which the courts will step in to do this.

Should I agree to 50-50 custody?

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by Jaye Taylor

Shareholder and Attorney at Buckley Law P.C.

If you are a stay-at-home parent, it's likely that spending the majority of your time with your child has been the norm since they were born. The bond that you have with your child is irreplaceable, and you may worry that your oncoming divorce and the custody arrangements that follow will threaten this.

If your child has a good relationship with their other parent, it is possible that your ex will try to seek substantial shared parenting time. Many parents have an immediate negative reaction to 50-50 parenting time: They often can't bear the thought of spending half of the time without their child. However, after further reflection, parents often see the benefits that 50-50 custody could have for their child.

How to keep the family home after divorce

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by Jaye Taylor
Shareholder and Attorney at Buckley Law P.C.

If you are thinking about filing for a divorce, one significant concern that you may have is whether you will be able to keep the family home. The family home, as well as being a very valuable asset, will likely also carry a great deal of sentimental value in addition. It may be the place that you saw your children grow up in, and selling the family home in the event of a divorce can be a very difficult thing to do.

This is why it is important that you take the likely implications of a divorce into consideration before filing for a divorce. By doing so, you will be able to make an empowered choice that will benefit you and your children, rather than stepping into the unknown.

3 problems that could lead to an instant decision to divorce

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by Jaye Taylor
Shareholder and Attorney at Buckley Law P.C.

Many people have good reasons for getting a divorce, yet they never act on them. Instead, they endure years of toxic relationship drama. For what purpose? To delay the inevitable? There is no reason why anyone should have to endure a psychologically damaging relationship simply to spare the other spouse's feelings or to "save" the other spouse.

Sometimes, it's vital to consider your happiness first. It's only by doing this that you can grow, live a better life and be a better parent for your children (if you have them). With this in mind, here are three common marital problems that shouldn't require any second thought when it comes to the decision to divorce:

Parents who cannot get along might consider parallel parenting

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by Jaye Taylor
Shareholder and Attorney at Buckley Law P.C.

It has become common knowledge that, in most situations, children fare best after divorce when they can maintain close relationships with both parents. However, parents who may still be angry or hurt from the divorce can have difficulties making a co-parenting arrangement work. These difficulties can lead to a negative experience for the children.

When parents are not able to co-parent successfully, children can end up being exposed to parental conflicts and may feel like they must choose between their parents. Parents with a high-conflict relationship who struggle to co-parent effectively may consider a parallel parenting arrangement instead.

Resolving the most common co-parenting conflicts

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by Jaye Taylor
Shareholder and Attorney at Buckley Law P.C.

Co-parenting is one of the most difficult relationships to maintain. Naturally, you have a romantic history with your other co-parent, and for one reason or another, things did not work out. Co-parenting successfully requires putting your differences aside in a mature way. This can be difficult, but it is always possible if you are fully committed to the well-being of your child.

The following are some of the most common conflicts that co-parents tend to face and how it is possible to successfully resolve them. By reflecting on conflict resolution, it is likely that you will be better equipped to deal with conflict in your own co-parenting relationship.

Understanding equitable distribution in Oregon

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by Jaye Taylor
Shareholder and Attorney at Buckley Law P.C.

If you are going through a divorce in Oregon, you should take the time to understand what equitable distribution means. This legal theory determines how marital property is divided in the state, and therefore it is key to being able to predict the assets that will be assigned to you when the divorce is finalized.

Before going through the process of dividing assets, all assets will need to be categorized as marital or non-marital property. Marital property includes any type of property or debt that you acquired during the marriage. All of these assets will be considered marital property, with the exception of inheritances and gifts given to one spouse. If property was acquired by one spouse before the marriage, it will be categorized as non-marital property, and it will not be subject to division.

Creating a parenting schedule with the other parent

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by Jaye Taylor
Shareholder and Attorney at Buckley Law P.C.

If you are co-parenting with the other parent of your child, you will understand first-hand the difficulties of managing the varying dynamics of the relationship. It can often be difficult to stay on the same page when it comes to key parenting issues, from agreeing on disciplining strategies and deciding on education philosophies, to managing the logistics of scheduling.

This is why it can often be very helpful to put a parenting plan into place. This plan can help both you and the other parent to manage your time effectively and agree on certain important issues. In turn, the plan can ultimately benefit your child, helping them to feel secure in their predictable schedule.

The impact of divorce on children

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by Jaye Taylor
Shareholder and Attorney at Buckley Law P.C.

Many parents are conflicted when they consider filing for a divorce. They often want to separate with their spouse for the sake of their own happiness, but at the same time, they feel guilty about breaking up the family unit. They may also worry about how this separation will impact their children.

It is important that you consider how a divorce will potentially impact your children. By doing this, you will be able to prepare yourself for any eventuality, and figure out a way to comfort and reassure your children. Additionally, it is a good idea to envision the child custody setup that you would like to arrange alongside your divorcing spouse so that you are able to plan the future as co-parents.

How does the family home affect child custody?

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by Jaye Taylor
Shareholder and Attorney at Buckley Law P.C. 

Many people going through a divorce think of property division and child custody as two completely different topics. However, the fact of the matter is that these two issues do have the potential to become interrelated, especially when it comes to keeping the family home.

If you are a parent, and you want to make sure that you are able to keep the family home after a divorce, you may wonder whether this will affect your chances of being able to gain primary custody. Additionally, if the other parent has already moved out of the family home, you may be curious as to whether this could constitute abandonment and whether this might affect child custody or property division.

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