Portland Legal Services - Joanne Reisman, Attorney at Law
My Blog

Family Law

Recreational marijuana and child custody

Now that Marijuana is legal for recreational use in Oregon we need to discuss considerations that parents should make about their use of Marijuana and disputes this might lead to in Custody and Parenting time matters.  Just like alcohol use, the court is going to want to know that a parent's use of any substance when they have children in their care, doesn't impair their ability to parent their children and does not put their child at risk. 

It should be common sense that you don't want to be intoxicated when driving or otherwise supervising the transportation of your minor children.

PROPERTY DIVISION AND UNMARRIED COUPLES - A CAUTIONARY TALE!

The case ofStavelandvs. Fisher, 25 OR App 210 (2018) demonstrates the disparity in the results between a trial court dividing property for an unmarried couples as compared to property division in a divorce. Under Oregon Law, by virtue of being married, there arises a presumption of equal contribution.  ORS 107.105. Accordingly, for married couples, it doesn’t matter what the parties say their intent was with respect to the property. It also doesn’t matter if only one spouse’s name is on the title.

Modifying Child Support

Anyone paying or receiving child support can seek a review and modification at no charge through the Oregon Child Support Program.  This link will explain how to request a review and modification and when you are eligible to get a review: http://www.oregonchildsupport.gov/services/pages/modification.aspx

You can request a review if it has been 35 months since the date the last order was entered or reviewed.  You don't have to wait 35 months if you can show proof that there has been a significant change of circumstance since your order was finalized.

Grandparent Visitation Rights under Oregon Law

There is really no such thing in Oregon as visitation rights solely based on the relationship of being a grandparent.  Oregon had attempted to create Grandparent visitation rights in the past, but the statute creating those rights was repealed after the landmark decisions inTroxel v. Granville,530 U.S. 57(2000).  In theTroxelcase the United States Supreme Court determined that parents have a constitutional right to rear their children free from the intervention of the State or a third party under normal circumstances.
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