One of the most common issues faced by married couples when they decide to split up is determining who will stay in the marital residence. This situation is typically seen when one or both parties do not have the financial resources to support a separate residence, though it does occur in a multitude of other situations as well. Oregon law gives parties…
In order to obtain a retraining order in oregon you need to meet two statutorily mandated criteria. First, the petitioner needs to prove they were put “in fear of imminent bodily injury”. Importantly, this standard means that actual physical abuse does not have to occur. You only need to show that Respondent’s actions put the Petitioner in fear of imminent…
In order to modify custody in Oregon you need to prove a “substantial change of circumstances” occurred since the previous custody ruling. Courts undergo a two part analysis in custody modification proceedings. First, it must be shown that the change of circumstances was unanticipated, and the change must relate to a parent’s capacity to care for the children properly. Once…
The State of Oregon awards custody based on the “best interests and welfare of the child”. That is, the court undergoes a review of the facts of the case and makes an award of custody to one parent or the other based on their notion of the best interests of the child. In so doing, the court reviews several statutorily…
There are several ways to challenge paternity. First, if paternity was established by filing a voluntary acknowledgment of paternity form, then either party may rescind the form provided they do so within 60 days of filing it. The second method to challenge paternity comes into play if more than 60 days have elapsed since paternity was established. The Court will…