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It is often a difficult decision to determine which spouse receives primary child custody and which receives visitation rights. Attorney Daniel Van Eaton has helped many people resolve their child custody issues. If you face a divorce and need a parenting time agreement, contact Daniel Van Eaton for a consultation.
Shared Parenting Time
Factors that the court uses to decide who acquires primary custody of the children include:
Who is the primary caretaker?
What are the emotional ties between the child and family members?
What are the interests of the parents and what are their attitudes about the children?
Does the parent desire to continue a relationship with the child?
Was there any abuse from one parent to the other, and did the children observe that abuse?
Is there a willingness of each parent to maintain a relationship with the other parent for the benefit of the child?
However, the most prominent child custody factor still is who has primary custody of the children. Usually, but not always, that person will get sole custody. In addition, the court will always try to keep siblings together under the same roof. Joint physical custody is also possible, but the court generally frowns on the practice.
If parents are in disagreement over how to handle Oregon legal child visitation and custody issues, the court often will recommend that a child study be performed. In this situation, a third party will interview the whole family and make visits to the parent’s homes in order to make a recommendation to the court. In instances where the parents cannot afford to have a child study there is a court conciliation fund that will pay for the service.
One of the major parts of resolving a divorce or paternity action is child support. When one parent has sole physical custody of a child, the other pays child support. If you have a child support issue, or need help with child support enforcement, call attorney Daniel Van Eaton for a consultation.
Child Support Facts
Oregon uses a formula to determine how much parents must pay for child support. The formula takes into account financial information, including:
Social security income
Special needs children
Alimony or spousal maintenance, if any
In addition, the payment formula takes into consideration how many nights the child spends with the non-custodial parent. If the non-custodial parent spends a significant amount of time with the child they will have to pay less in child support. If the non-custodial parent spends a lot of money visiting his or her children out of state, transportation costs can also be a factor.
A child custody attorney at our office can help you apply this formula to determine how much child support money you should give or receive. In addition, our office can assist you with enforcing your child support order or modifying your divorce decree.
Law Office of
Daniel H. Van Eaton
350 Mission Street SE Suite 101
Salem, Oregon 97302