Skip to Content
Pacific Cascade Legal Pacific Cascade Legal
Schedule A Consultation 888-981-9511
Top

Child Custody FAQ


  • How do you modify a child custody order in Oregon?
    Custody is modifiable anytime there has been a significant change in circumstances. As long as either parent can argue that a change in custody would be in the child’s best interest, the court may consider a legal modification. Generally, in order to modify a custody order previously issued by the court, you must file a motion, declaration, and order to show cause. At that point, the other party will be invited to court to explain why custody should not be changed.
    General circumstances that may lead to a custody change include: one party is moving out of the area, a child is underperforming in school, abuse has occurred, etc. One of the things to keep in mind if you’re trying to modify child custody is the relevance of the inquiry since the issuances of the last custody order. You can bring in evidence prior to the last custody order to say what the circumstances were then, but the court will be far more interested in discovering what has changed since the last custody order. Ultimately, the court must be convinced that it is in the child’s best interest to change the custodial parent.
  • What’s the difference between parenting time and custody?
    Traditionally, custody refers to the amount of time you get to spend with your children. Today, we legally use two terms: custody and parenting time. Parenting time refers to the scheduled time you spend with your children, (do they stay with you on Mondays or over the weekends, for example). Custody, on the other hand, refers to which parent has the legal right to make certain decisions for your children. There are two types of custody in Oregon: joint and sole. If you have sole custody, you get to decide where your child will go to school, what types of long-term medical your child will use, and whether your child will receive a religious education. If you have joint custody, you and your ex-spouse will share the responsibility of making these decisions together.
  • What is the difference between joint and sole custody?
    In Oregon, a judge cannot order joint custody unless both parties agree upon it themselves. That means, that if one party doesn’t want to share joint custody, the court will award only one spouse with sole custody. The parent with custody gets to make decisions on three major fronts: education, religious education, and long-term medical care. If you have joint custody, you should be working together with your ex to come to mutual decisions about these matters. If you have sole custody, it is still in good form to consult your ex-spouse regarding these decisions, even though you aren’t legally required to do so. However, if you and your ex disagree, you, the custodial parent, are at liberty to make whatever decision you feel is in your child’s best interest.
  • What should you do to change your custody, parenting time or child support agreement contained in your judgement?
    You have to modify your current agreement. Sometimes you can obtain a modification through the agreement of both parties, and sometimes a modification requires the court’s intervention. It all depends on the details of your particular case.
  • What is a custody evaluation?
    There are two types of situations where parents should seriously consider hiring a custody evaluator. If there is a legitimate question about whether you or your spouse are the primary caregivers for the child, and you can’t agree on where the child should live, you should hire a custody evaluator. In these situations, a custody evaluation can be very helpful when determining what the most appropriate parenting plan and custodial agreement should be for your kids. You should also consider bringing in a custody evaluator if there are concerns about domestic violence, addictions (such as drugs and alcohol issues), or any other domestic issues within your family that you think the court needs to have a heightened awareness of. A custody evaluation can be instrumental in providing information to the court about how to develop an appropriate and safe parenting plan for your children.
  • If my ex gets sole custody of the kids, will I still be able to see them?
    Absolutely. Oregon handles custody and parenting time separately, so even if you do not have custody, you can still spend time with your children. Custody refers to a parent’s responsibility to make major decisions for the kids (medical, schooling, religion, etc.), whereas parenting time refers to the kids' actual schedule. Oregon has two types of custody— joint and sole custody. If you have joint custody, you and your co-parent will make major decisions together. If one parent has sole custody, that parent will make the big decisions by themselves. Because custody and parenting time are not necessarily related, one parent could, hypothetically, have sole custody of the kids and the non-custodial parent could still have the kids 50% of the parenting time.

Meet Your Advocates

Focused on Client Relationships, Integrity, Results & A Better Tomorrow

A Reputation for Skilled, Dedicated Advocacy

Former Clients Share Their Experiences With Our Firm
    "Responsive, encouraging, and helpful."
    Everything is going well. Everyone has been great to work with. Leslie was amazing at the start, getting started and explaining how the process works. Laura has stepped in helping with documents and has been very helpful through that process. Allison is amazing - responsive, encouraging, and helpful. I have been very pleased with the work of Pacific Cascade Family Law in every interaction I’ve had. Thank you.
    - Former Client
    "This story is over with a happy ending."

    Hello Alan, Thank you very much for everything and I appreciate your attention for what has already ended and a happy ending, thanks to you and Lisette for doing an excellent job, I was glad to work with you, it hurts that I only knew you through a photo but I sincerely wish you many blessings and this story is over with a happy ending, happy weekend Alan finally I will breathe fresh air without the toxins of my ex thanks again for everything Alan have a nice day today and always.

    - Former Client
    "Supportive and professional team"
    Supportive and professional team—thank you!
    - Maria Lucia Gomez-Greenberg
    "Helpful and professional team"
    Thank you for all your support—great, professional team.
    - Former Client
    "Honest and Professional"
    Amazing firm, professional team. Very honest and helpful.
    - Former Client
    "Amazing legal staff! Couldn't have asked for a better team"
    Amazing legal staff! Couldn't have asked for a better team.
    - Former Client

Let Us Help You Reach a Better Tomorrow

Call 888-981-9511 or fill out the form below to get started.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy

A Firm You Can Trust

A Pillar in the Legal Community
  • Client Partnerships
    We understand the value of having professional support and connected community. For this reason, we’ve assembled a complimentary and extensive referral list, which includes a range of professionals who not only perform services related to our clients’ cases, but also include every area of their lives.
  • Client Relations
    You are our priority from the moment you call our office, to long after your case ends. We have a client care system in place to ensure you feel connected, supported, and prepared every step of the way.
  • Client Match

    Your case is unique, and so are the individual strengths and expertise of our experienced team of lawyers. We take the time to understand the intricacies of your case so that we can match you with the attorney who is best equipped to advocate for your rights.