Preserving the Parental Rights of Fathers in Oregon
When parents force themselves to stay in a marriage and are unhappy, separation is often the healthier alternative for the entire family – including minor children. Ideally, a child would enjoy the benefit of having both of their parents equally present in their life. However, when the child’s parents separate in a divorce, such an arrangement can be impractical.
If you are a father and are concerned that your relationship with your child is in danger due to custody or paternity proceedings, you should consult an experienced fathers’ rights attorney in Salem. At Pacific Cascade Legal, we have years of experience litigating family law matters including child custody and parenting time proceedings. We understand the importance of protecting the parental rights of fathers.
Call Pacific Cascade Legal at (503) 427-9033 to discuss your case with one of our dedicated Salem fathers’ rights attorneys today.
Child Custody and Parenting Time in Oregon
As a father, you are legally entitled to establishing and maintaining a relationship with your children unless doing so would detract from their best interests. If paternity over your child has been established, courts must properly recognize your parental rights of a father, regardless of what your marital status is in connection with your child’s mother. Divorce does not affect your basic rights as a father. However, courts will evaluate the circumstances of your divorce when making custody determinations based on the best interests of your child.
Custody determinations involve important components:
- Paternity. Paternity is a term that refers to your parentage regarding your minor child, as established by law.
- Legal Custody. Legal custody refers to a parent’s authority to make decisions about their child’s care, control, education, health, religion, and primary residence. Legal custody may be exercised jointly between divorced parents regardless of who the child primarily resides with.
- Parenting Plans. Parenting plans outline the minimum amount of time each parent may spend with their child. The parties are encouraged to mutually arrange their parenting plan without the court’s intervention. This can be accomplished through mediation.
Because of the sensitive nature regarding child custody and parenting time issues, parents are strongly encouraged to work together to come up with an appropriate arrangement regarding custody and parenting time. The child’s parents are usually in the best position to understand the needs of their child.
However, if parents cannot reach a mutual agreement regarding these issues, the court will determine custody and parenting time issues for them. Moreover, the court is constantly observing how you and your ex-wife conduct yourselves throughout divorce proceedings. Your ability to put aside your differences and attempt to reach a compromise with your former spouse in good faith may be a factor in the court’s evaluations of your child’s best interests. Remember, the court is required by law to determine custody issues based on the best interests of your child – it is not required to consider your individual interests apart from that of your child’s.
Make Pacific Cascade Legal Your Trusted Advisor
When a divorce in Salem is particularly contentious, it is sometimes easy for parents to get so carried away with fighting against each other that their minds become closed off to the possibility of working together to promote their children’s best interests. At Pacific Cascade Legal, we represent clients across Oregon in a variety of family law issues, including fathers’ rights. We are committed to finding a fair resolution to your custody issues and urge you to work amicably with your child’s mother to reach a mutual agreement. However, if such a result is beyond all reasonable effort, we are prepared to zealously advocate for your parental rights as a father. To consult with one of our capable attorneys about your legal options, call Pacific Cascade Legal at (503) 427-9033 or contact us online today.