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How does the family home affect child custody?


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.

Living arrangements and child custody in Oregon

In the state of Oregon, the best interests of the child are always prioritized when it comes to deciding on child custody. If one of the parents is keeping the family home after a divorce and if the other parent's living arrangements are not acceptable or considered unsafe, the Oregon custody courts will take note of this. They will want to make sure that the children experience minimal disruption to their lives while facilitating a good relationship with both parents.

If the other parent has moved out, what are the implications?

When a parent moves out of the family home, child custody issues may be impacted depending on the circumstances. However, it is unlikely to affect issues relating to asset division.

If you want to fight for your child custody and property division rights in Oregon, it is important that you understand how the law applies to you.

Jaye Wickham Taylor is an attorney and Shareholder at Buckley Law P.C. and focuses her practice on family law litigation. Jaye Taylor has successfully litigated some of the most challenging and emotionally charged family law cases in the state, involving custody of children to fathers, severe parental alienation and abduction, allegations of domestic violence and international move-away cases.

Specialties: Custody, Support, division of assets and debts, modifications, elder abuse, will contests, adoptions, domestic violence, domestic partnerships, prenups.

The information contained in this article is for informational purposes only and does not constitute legal advice. You should not act upon any information contained in this article without consulting an attorney for individual advice regarding your own situation. 

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