Category Archives: Child Custody

Military Divorce Issues – Child Custody and Deployment

Posted on February 26, 2011 by C. Sean Stephens

Defense Secretary Robert Gates reversed the Pentagon’s prior position and now supports legislation that would prevent service members from losing custody of children solely due to deployment.  Previously the Defense Department had not supported such legislation. This is an interesting … Continue reading →

Posted in Child Custody, Legal Developments, News | 2 Comments

New Case Law – Third Party Visitation

Posted on February 23, 2011 by Daniel Margolin

Oregon Court of Appeals in Digby and Meshishnek held that the trial court erred in awarding visitation on the basis of an ongoing personal relationship. The statutes defining “child-parent” relationship and “ongoing personal relationship” have separate requirements that must be shown by different burdens of proof, thus, an ongoing personal relationship is not “lesser included” within an allegation of a child-parent relationship. Continue reading →

Posted in Appeal, Child Custody, Grandparents, Parenting Time / Visitation | 1 Comment

The immediate danger statutes – emergency custody and parenting time

Posted on November 24, 2010 by C. Sean Stephens

As Oregon divorce and family law lawyers, we talk to a lot of parents who want an immediate change of custody or immediate suspension of parenting time.  It can be frustrating to learn that it  generally takes weeks or months … Continue reading →

Posted in Child Custody | 1 Comment

Overprotective Parenting – Impact on Child Custody Proceedings

Posted on November 18, 2010 by Daniel Margolin

The November isse of the American Bar Association Journal had an interesting article on overprotective parents.  The article says that psychologists are concerned that overprotective parents often leave a child without an independent outlet.  Interestingly, from a legal perspective in … Continue reading →

Posted in Child Custody | 5 Comments

New Case Law – Custody Determination

Posted on April 15, 2010 by Daniel Margolin

On April 14, 2010, the Oregon Court of Appeals filed an opinion in Stevens and Stevens.  The entire opinion can be found here:  http://www.publications.ojd.state.or.us/A138624.htm The appeal was filed by father due to a trial court ruling awarding sole custody to … Continue reading →

Posted in Appeal, Child Custody | Tagged | 1 Comment