When custody is established, a court usually also decides the amount of parenting time for the non-custodial parent.  Like custody, parenting time is based on the “best interests of the child.” Please see the Child Custody page for the factors the court uses to determine what is in a child's best interests.  If you and your spouse are able to reach a child custody and parenting plan agreement between yourselves, you can avoid a long, contentious and expensive court battle.

A parenting plan needs to be flexible enough to allow both parents the time they need to see their child but detailed enough to provide guidance in case of a dispute.  While many times there will be no disputes about parenting time, sometimes parties cannot resolve issues and those must be resolved in court.  At the Law Office of Max J Mizejewski, we will help you create a plan that will address issues related to:

• When is each parent allowed to spend time with the child?
• What drop off and pickup plans are needed?
• What are your options when a parent interferes with parenting time?
• When can the court modify and enforce child custody and parenting time agreements?

If you and your spouse cannot agree to a parenting schedule, the court will decide for you after receiving evidence from both sides.  Like Child Custody determinations, the court determines parenting time according to the best interests of the children.  The Oregon State Legislature has also determined that when making parenting plan agreements, it is the policy of the state to:

• Assure minor children of frequent and continuing contact with parents who have shown the ability to act in the best interests of the child;
• Encourage such parents to share in the rights and responsibilities of raising their children after the parents have separated or dissolved their marriage;
• Encourage parents to develop their own parenting plan with the assistance of legal and mediation professionals, if necessary;
• Grant parents and courts the widest discretion in developing a parenting plan; and
• Consider the best interests of the child and the safety of the parties in developing a parenting plan.

To learn more about resolving issues related to a child custody or parenting time agreement, contact us.

TEMPORARY COURT ORDERS

Oregon courts often issue a temporary parenting plan for the four or six months it takes to resolve a divorce or custody matter.  The courts also routinely issue what are called 'status quo' orders that prevent each party from doing the following:

• Changing the children's usual place of residence (the place where the children are currently living and have lived for the past two years),
• Interfering with the present placement and daily schedule of the children;
• Hiding or secreting the children from the other party;
• Interfering with the other parent's usual contact and parenting time with the children;
• Taking the children out of the state without the written permission of the other parent or permission of the Court; and
• In any manner disturbing the current schedule and daily routine of the children until custody or parenting time has been determined.

MANDATORY PARENTING CLASSES & MEDIATION

All divorcing parents or parents terminating civil unions must attend a county-sponsored parenting class to help them understand the impact of divorce on their children.  The parents must also attend mandatory mediation.  If the parents can not resolve custody and parenting time issues through mediation or subsequent negotiation, the case goes to court where a judge will decide who gets custody and what parenting plan is in the children’s best interest.

Parenting plan disputes are emotionally draining and can have an impact on your relationship with your children.  At the Law Office of Max J Mizejewski, we work our hardest to protect vital parental relationships.  If you are involved in a parenting dispute, call us today.

Contact Us online or call 541-505-9872 to schedule a consultation.

541-505-9872