Visitation Lawyers in Bend
Helping Draft Parenting Plans in Oregon
A party’s right to spend time with a child is called parenting time or visitation and is separate and distinct from the issue of Custody of a Child in Oregon. For example, the parties may share joint custody of a child but parenting time may not be equal or one of the parties may be granted with sole custody of the child but the parties share parenting time on an equal basis.
In Oregon, when the parties do not both agree to a schedule of parenting time, usually called a parenting plan, the court will look at the parties’ and the child’s circumstances to determine what may be best for the child. The court is guided by several statutory factors which are known as “the Best Interest of the Child.”
These are the same factors the court will look at in order to determine custody of a child and include the emotional ties between the child and other family members, the interests of the parties in and attitude toward the child, the desirability of continuing an existing relationship, abuse of one parent by the other; the preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. No single factor is decisive on its own.
Oregon Standard Parenting Plan
Depending on the county in which the case is filed, the court may have established what are known as standard parenting plans which are meant to guide the parties in crafting their own parenting plan. Usually, these standard parenting plans automatically take into account the age of the parties’ child and the distance between the parties. These parenting plans by no means fit every situation and thus are usually used as a starting point to craft a specific parenting plan which is in the child’s best interest given the circumstances of the parties and the child.
FAQ: Child Visitation Rights in Bend, OR
How are child visitation rights determined in Bend, OR?
Child visitation rights in Bend are typically determined by the court during custody proceedings. The primary consideration is the best interest of the child, which includes factors like the child’s emotional and physical well-being, each parent’s ability to care for the child, and the child’s relationship with each parent.
What factors influence visitation schedules?
Visitation schedules are influenced by several factors, including the child’s age and needs, parents’ work schedules, the distance between parents’ homes, and the child’s schooling and extracurricular activities. Courts aim to create a schedule that fosters a healthy, ongoing relationship with both parents.
Can visitation agreements be modified?
Yes, visitation agreements can be modified if there is a significant change in circumstances, such as a parent’s relocation, changes in the child’s needs, or alterations in a parent’s work schedule. A formal request must be submitted to the court to approve any modifications.
What should I do if my visitation rights are violated?
If your visitation rights are violated, document each incident and attempt to communicate with the other parent to resolve the issue. If the violation persists, you may need to file a motion with the court to enforce your visitation rights or seek a modification of the agreement.
Can grandparents request visitation rights?
In Oregon, grandparents can petition the court for visitation rights if they can demonstrate that it is in the best interest of the child. The court will consider factors like the existing relationship between the grandparent and the child and the potential impact on the child’s well-being.
Do visitation rights change if one parent moves out of state?
If a parent moves out of state, the existing visitation agreement may need to be adjusted to accommodate the new distance. This often involves altering the visitation schedule to account for travel times and ensuring the child maintains a relationship with both parents.
This can be a complicated area of the law. For more information, please contact our Bend visitation attorney at Baxter Law, LLC by calling (541) 546-1713.
