As a divorcing parent about to negotiate child custody, it’s crucial to thoroughly consider your current situation and goals and how they apply to your children and their future. How much time do you want with your kids throughout the year? What about in the future? Holiday time, school schedules, and other factors will demonstrate your children’s needs now and in the years to come. In this video, Founding Attorney Lewis Landerholm discusses some of the factors parents should think about when deciding on their goals and preparing for their custody case with their family law attorney. Having a plan ahead of time makes all the difference.
How well do you communicate with your soon-to-be ex-spouse with regard to your children and their best interests? The decision between fighting for sole custody of your children or agreeing on joint custody depends greatly on how well the two of you can work together toward a solution. In Oregon, child custody is defined as legally being able to make major medical decisions, school-related decisions, and in some cases, religious decisions. Lewis Irwin Landerholm discusses what custody determination really means, its importance in most circumstances, and where it fits into the whole divorce process. Working with a family law attorney can help parents navigate through these decisions and more.
Mediation is a process in which two parties hire a neutral professional to help them consider all the important factors in their case and how to resolve them outside of court. This approach is beneficial to divorcing spouses who have a good idea and a general and mutual understanding of their finances, what they each want, and what do not agree on. The mediator can help prepare the divorce paperwork to ensure the couple’s judgement truly tells the court what they discussed and decided together. In this video, Senior Associate Attorney and Mediator Joanna Posey discusses the process of mediation and when it is appropriate for a divorcing couple.
A changing work situation or other opportunity often leads a person to move out of state, but a divorced parent with child custody faces a number of obstacles in this scenario. What happens when a custodial parent wants or needs to move to a new state? Does it have an effect on the custody of the children? These are some of the most difficult cases for judges to decide, and courts are generally opposed to one parent moving away from the other and breaking the child-parent bond. Lewis Landerholm discusses how important it is to contact an experienced family law attorney right away when this situation arises.
A retirement accounts can be a complicated factor in divorce proceedings, but considering them correctly can work in your benefit. How can these accounts be legally divided? Unrepresented parties often do not put retirement accounts on the table when dividing assets, and this may be a big mistake. Assuming they came about during the marriage or were added to the marriage, retirement accounts are considered marital property. As a result, the spouse without the account could be awarded a “marital fraction” of the account. Litigation Director Will M. Jones discusses these and other complexities with regard to dividing retirement accounts during a divorce.