In a custody evaluation, an expert (usually either a social worker or a psychologist) investigates the facts of case and generates a report containing custody and parenting time recommendations for use in settlement or trial. The evaluator usually has broad power and may require the parties to provide releases of information so the evaluator can talk to other counselors, medical providers, or therapists. The evaluator may also require the parties undergo psychological tests and drug testing if appropriate. The goal is to gather as much information as possible, and make a recommendation to the court that is in the child’s best interests.

Some general things to expect during the process:

1. The Intake. Many evaluators have a lengthy initial interview to get historical information, and determine each parent’s level of involvement with the child.
2. Child Visit. The evaluator will meet at least once with each parent and the child to watch how you interact. This is an important element to the study, and they are looking to see if parents actively parent, set appropriate boundaries, dicipline appropriately, and watch the child’s reaction.
3. Collateral Contacts. The evaluator will likely ask for a list of persons you think they should talk to about your parenting. Usually evaluators give greatest weight to information provided by independent contacts, like teachres, daycare providers, and other counselors.
4. Psychological Evaluations. If appropriate, the evaluator may ask parents to take psychological tests, such as the MMPI-2TM.

While it can be a difficult process to go through, many times parents settle outside of court after seeing the report. If the report doesn’t settle the case, it can make the trial more streamlined, because the evaluator is allowed to rely on the information gathered from collateral sources when testifying, meaning less witnesses need to be called. While the court does not have to adopt the recommendations of a custody evaluator, the recommendations usually hold considerable weight with a Judge.

How a parent interacts with an evaluator can be a critical element of the case. In my 17 years of divorce experience in Oregon, I have seen good parents do poorly in the evaluation process because they (1) did not know how to communicate effectively with the evaluator, (2) did not understand fully what the evaluator was trying to do, or (3) let their negative emotions influence their responses to the evaluator. Every client participating in a custody study should talk with their lawyer about the process, what to expect, what the evaluator wants, and the best ways to interact with the evaluator.

The lawyers at Stephens Margolin PC have extensive experience advising clients about custody evaluations.

Good divorce lawyers are dispute resolution experts. They are trained in negotiation, cooperative face to face meetings, collaborative law, mediation, and have trial skills. When asking a lawyer questions before you hire them, make sure to ask about how they resolve disputes. If court is the primary answer, you may be wise to look elsewhere.

Using the software allows us to both provide a detailed and visual example of what is really happening to a family’s finances.  This is helpful to the client in that it provides a clear way to understand what is happening in the case both in the short term and over time.  In the short term, working with the client and thr program we can fine tune how the division of assets can be made in teh best way for our client.  In the long term, they can see how the division and the payment or receipt of support will affect their financial picture.  The program’s data can be used by a financial specialist for both testimony purposes and to help a client with financial planning.  Lastly, and importantly, the data can provide the court with a very clear understanding of our client’s position on the issues.  It is rare for opposing counsel to use comparable charts and the ease of access to the information can help to sway the court towards our client’s position.

Stephens Margolin PC is committed to the use of technology to assist our client’s in all factes of their case.  Please contact the firm to find out how we can use Family Law Software to benefit you.

1. Know your parenting plan. I am always surprised by how many parents don’t know what the plan says or have a copy handy.  If you don’t have a copy of yours, get one and save it.
2. Follow the parenting plan.  Parenting plans are orders of the court. If you have a problem with the plan, seek to modify it rather than disregard it. 
3. Keep clear channels of communication open. People hire lawyers because they can’t work out a problem on their own with the other parent. Don’t hire a lawyer because you haven’t tried to discuss the dispute with the other parent. 
4. Consider mediation. If a dispute arises around the plan and you can’t work it out directly with the other parent, consider using county or private mediation.
5. Put the children first.  I believe that if all parents repeated the mantra “put the children first” it would substantially reduce the number of enforcement motions we file.  Pay attention to their emotional needs. Don’t make them be a messenger between households.
6. Be reasonable and flexible.  Is the other parent being 10 minutes late at an exchange really worth getting back into court? Traffic and life happens.
7. Consider using communication software.  We previously blogged (see post here) about the parenting time software called OurFamilyWizard. If you have a hard time communicating about the parenting plan, this program may help.
8. Manage your own anger. If you can’t let go of anger from the divorce, you are going to have trouble putting the kids first. Consider getting counseling.  When you are relaxed, the kids can relax.  Don’t be so angry that the kids have to parent you!
9. Allow the kids to love both parents.You are going to have separate households. Kids need  a supportive environment to deal with the reality of two households.  Speak positively of your ex around the kids.  Be supportive of their relationship with the other parent. Create an environment free from inter-parental hostility.
10. Get input from the kids about the schedule and share it with the other parent.  Older children should be able to  to give input about the parenting schedule.  This is their life you are organizing.  Listening, sharing the information, and cooperatively making adjustments can avoid unnecessary litigation over a broken parenting plan.

While some cases require a Judge to make decisions to resolve a case, having a judge impose a decision on litigants is usually not the best way for a family to resolve disputes.  Most good family law attorneys advise clients to participate in mediation or other forms of alternative dispute resolution.   A small group is trained in collaborative law, a rapidly growing form of alternative dispute resolution.  The lawyers of Stephens Margolin P.C. are prepared to meet the needs of family law clients by offering dispute resolution tools that don’t require a judge or a five day a week court calendar.  We are strong advocates of using mediation to resolve cases, and are trained in using collaborative law to resolve the needs of clients outside the court system.

Mediation is a form of dispute resolution that aims to assist two or more disputants in reaching an agreement. At a trial, the parties present evidence, and a decision is imposed on the parties by the judge. In mediation, the parties themselves determine if there is an agreement, and the contents of the agreement. Many parents chose mediation with a private mediator. If, for financial or other reasons, you do not want to hire a private mediator, Multnomah, Clakamas, and Washington county make mediation available to parties involved in family law disputes.  Courts want people to mediate because it weeds out cases that can be resolved without the help of a judge. Clients want mediation because it gives them control over the outcome, is confidential, reduces conflict between the parties, and is generally less expensive than litigation.  Good lawyers like mediation because it provides an efficient and lower cost way to help clients resolve their disputes.          

ORS 107.755 requires that each judicial district provide a mediation orientation session for all parties in cases where custody, parenting time, or visitation is in dispute, and in any other domestic relations case where mediation has been ordered. The orientation session should make parties aware of (1) what mediation is; (2) mediation options available to them; and (3) the advantages and disadvantages of each method of dispute resolution. With limited exceptions, mediation is mandatory prior to a judge hearing  a case.  Mediation is not appropriate for restraining order or cases involving domestic violence, and court mediators must, per statute, be trained in recognizing domestic violence, allow parties to opt out, and take steps to avoid intimidation before and during mediation. County mediation is held in private, and all persons other than the mediator and staff, parties, counsel and children of the parties shall be excluded.  All communications, verbal or written, made in mediation proceedings shall be confidential, and not subject to examination in court.

Multnomah County:  The court’s rules about mediation are located in SLR 8.046.  Multnomah county is a mandatory mediation county for family law cases.  If you don ‘t mediate or get permission to get out of mediation, you won’t get time with a judge. No temporary hearing or trial regarding custody or parenting time will be set unless an Order for mediation has been obtained, an Order Waiving Mediation has been entered, or the parties have attended mediation since the filing of the Petition.  Modification motions will not be heard without compliance with the mediation requirement. The Multnomah County Family Court Services website provides that mediation is available for custody and visitation issues.  The service is supported by filing fees and is free to the participants. For more information or to set an appointment call Family Court Services at 503.988.3189.

Washington County: Washington County has mandatory mediation for Any action filed in the court involving a controversy over custody or parenting time of minor children. If the parties agree, the mediator can address issues other than children, such as property and support.  If there is a disagreement concerning custody or parenting time at any stage of a domestic relations proceeding, the parties must mediate.  Parties must complete two sessions of Kids Turn, the mandatory parenting class prior to mediating. Parties may independently select a private mediator. Mediation is confidential, and free. The Washington County Conciliation Services website provides information on mediation services in Washington County. Mediation can be scheduled by court order, or by calling Conciliation Services at : (503) 846-3428.

Clackamas County: Clackamas county is a voluntary mediation county.  There is no SLR mandating mediation. Parents can access free mediation through the county, but are not required to do so in most cases unless specifically ordered to by a judge.  The Clackamas County Family Court Services website provides information about accessing mediation in Clackamas County.  Most types of family law filings qualify for one or two free mediation sessions. Mediation sessions beyond the two free sessions are charged at $80 per hour. Mediation can be scheduled by calling  Family Court Services at  503-655-8415 .

There are costs and benefits to proceeding under any model.  In a perfect world, the collaborative model would be the most cost-effective and most effective at resolving disputes in a manner that benefits all parties.  If your case involves physical or extreme emotional abuse, drug or alcohol abuse by one parent so severe that parent cannot understand the harm it has caused to kids or that parent is not able or willing to put up with supervision and requirements, if one party is unable to financially move forward and the other party will not cooperate, or if it is impossible for the parties to trust each other, then a traditional litigation model will be necessary to resolve your dispute.  

A good attorney who is trained and experienced in both models can assist you, not only in choosing the best model for you, but also, in making sure that you do not make the wrong choice.  The collaborative model can also be used to assist parties in domestic partnership dissolutions and custody disputes as well as in a divorce.

The lawyers at Stephens Margolin P.C. are happy to discuss the various legal models with you.  Contact us for a consultation if you would like to discuss these models with regard to your specific situation.

A marital settlement agreement is a contractual agreement entered into by a husband and wife prior to their divorce. The settlement reached can be much more detailed and individualized than a judge’s ruling and can include provisions that a judge would not legally be allowed to include. The parties can work with their attorneys to make sure that their individual needs are accounted for while providing a fair division of the parties’ assets and debts.

A marital settlement agreement can also be used by parties who want to have a trial separation, but be insured of how a divorce will proceed if they are unable to save their marriage. Clients will often want to file for a legal separation in order to preserve their rights while still being able to stay on the other spouse’s health insurance. Rather than going thorough that process, they can sign a marital settlement agreement and wait to file for divorce until the health insurance issue can be rectified.

A court does not have to approve the agreement reached by the parties, but will almost always do so provided that it is a fair agreement and both parties knew what they were agreeing to. In order for the parties to be as secure as possible that the agreement will be approved by the court they must disclose truthfully all of their financial information to the other spouse, must actually abide by the terms of the agreement during the time between signing the agreement and filing for divorce, and they must actually get divorced in a reasonable period of time. If, for instance, the parties wait many years to divorce, a court would be less likely to approve the agreement.

With the passage of the new domestic partnership legislation in Oregon, marital settlement agreements may be able to be used by domestic partners to formalize issues prior to dissolving their domestic partnership.

In conclusion, martial settlement agreements provide a great way for clients to divorce in an amicable and mutually beneficial manner.

1. Judicial Settlement Conference: A judicial settlement conference is a meeting, guided by a judge, to help parties settle a lawsuit. In some counties they are mandatory, while in others the parties must request them. One benefit is cost. The court does not charge for the settlement conference, but your lawyer will charge you for his or her time. Usually, what happens at a settlement conference is confidential to make sure parties feel good about making their best offers. What happens at the conference? Usually the judge will meet with both sides to see where there is middle ground. The judge may help the parties and lawyers by giving their opinion of what should happen in a case. If the parties reach an agreement, the court can put the settlement on the record on the spot.

2. Mediation: Mediation is a way of resolving a dispute in which an impartial person (the mediator) helps you discuss your case and, if possible, reach a voluntary agreement. The mediator helps you think about your needs, clarify your differences, and find common ground.

Oregon courts require mediation for custody and parenting time disputes. The benefit of county mediation is that it is free. Lawyers do not attend. The downside is that you likely cannot resolve your case if it involves financial or property issues. Also, your county mediation department may be overwhelmed with cases, and they may not have enough time or energy to get both parties to “yes.”

Good lawyers steer clients towards private mediator, if appropriate for the case. In private mediation, the parties jointly hire an expert to help resolve a dispute. The expert is usually a retired judge or experienced divorce lawyer. Usually the lawyers attend to provide guidance. The parties pay the mediator for his or her services (the best mediators in Oregon charge $250-$300 per hour) and pay for their lawyer’s time. While expensive, if you reach a resolution, it is generally less expensive and less stressful than having a trial. Unlike court, you have the opportunity to reach a flexible and creative solution to your dispute. Most important, the result is voluntary, rather than imposed on you by a judge you just met.

Make sure to talk to your lawyer about your dispute resolution options other than the courtroom. While a courtroom may be necessary, you have other options. Talk about these options with your lawyer to see if they are right for you.