Legal issues that revolve around the family should be dealt with by a professional family law attorney. David Johnson is a family law lawyer and he can help you through your tough legal issues. Family law is complicated and those who are not familiar with the intricacies of the law will likely get confused and frustrated with the technical verbiage. Many different categories fall under the Family Law sector. A couple of the categories include divorce, spousal support, child custody, child support and adoption and guardianship. Due to the large amount of information involved with family law, it can become very convoluted if you are not trained in the legal field.Divorce
Learn more about Divorce in Oregon and the process that must be taken to file for divorce by clicking here. You can also contact David Johnson, Salem divorce and family law lawyer, to help you answer the questions you may have.Spousal Support
If divorce was’t complicated enough, then comes the talk about spousal support (alimony). While a couple is married they become accustomed to the other person. In some situations both partners are working before getting a divorce and therefore have double incomes. In other circumstances one partner is dependant on their spouse as the sole provider for the household. Most of the time when people get a divorce they struggle with the changes in their finances. Spousal support is created to allow the person who makes less money to still be supported by their partner. Many different factors are taken in consideration when determining spousal support. Perhaps the spouse who wishes to receive financial support has a nonexistent (or low) income, is interested in furthering their education and must be supported while doing so, or they are unable to support themselves due physical or emotional limitations.
Spousal support is separated into three different categories; compensatory support, transitional support and maintenance support. Compensatory support is awarded because a recipient was previously reliant on their spouse for financial support. Transitional support occurs only for a temporary period, so that the spouse can adapt to the financial changes that occur when transitioning from married to single life. Maintenance support is awarded for a long period of time with no specification as to when it is completed.
Divorce and family law lawyer, David Johnson, who practices in Salem, can help you through the process of getting your spousal support, or representing you in your case so that you don’t have to overpay spousal support. Your lawyer can help you understand the nuances of divorce and spousal support. Many individuals think that they can represent themselves in their court hearing and then they end up having to pay a lot more in spousal support, or they don’t get awarded as much as they deserve.Child Custody
A custody dispute begins when one parent (the petitioner) files a petition for custody of parenting time to the other parent (responder). The petition must be filled out properly and given to the courts. A family law attorney can help you with this process. Once the petition is filed, the respondent will receive (served) a copy of the petition. At that point the respondent can sign an “acceptance of service” that basically states that he has received the petition. The petitioner can give the petition to the respondent, or they can find a sheriff, or another adult to give the respondent the petition.
Oregon law allows for the respondent a maximum of 30 days to respond to the petition. If the respondent does not file a response to the Oregon courts then the petitioner may be granted everything they asked for in the petition. If the respondent does not like the demands requested in the petition they must file a response to the courts within 30 days. Once the response has been properly filed then the court can begin the trial process which includes either mediation, or a settlement conference.
In Oregon there are two types of custody decisions that are considered; joint custody and sole custody. The purpose of deciding custody is to choose which parent is responsible for the decision making for their child. Decision making can include religion, education, medical care and residence.
Joint custody in Oregon does not mean that the child will live with both parents an equal amount of time. In many cases, parents may have joint custody, but then their child might never actually live with them. Joint custody just means that both parents have an equal say in the decisions for their child. They both have the right to talk about what is best for their child. In Oregon, a judge will not award joint custody unless both parents of the child agree that it is the best choice. It is important to remember that even though a joint custody has been awarded that does not do away with child support obligations.
If a parent decides that they would not like joint custody then it is the courts responsibility to determine which parent will be awarded sole custody. It is at this point that it might be essential for a parent to be represented by an attorney in order to give them a better chance of having a fair outcome. The parent who is given sole custody will have the opportunity to make all of the decisions for the child without having to get permission from the other parent and an attorney will help you remain in control of the decisions for your child.
It is important to note that a judge won’t automatically assign custody just because the parent is a mother. Each parent will be considered when trying to decide who will be awarded custody. The judge will consider many factors when deciding which parent will be awarded sole custody of their child. These factors can include the emotional support between the child and family members, the parents interest in their child, whether abuse has played a factor in the home and which parent is more willing and able to have a positive relationship with their child. It is at this point where the custody battle can become a little bit “messy” as parents often “air each other’s dirty laundry” in order to be awarded custody. A family law attorney, David Johnson, can help you through this process and allow you to have a much more smooth process. David Johnson provides legal assistance for both divorce and family law in Salem.
Parenting plans are a huge part in the custody process. A component of the parenting plan discusses parenting time. Parenting time addresses when a child will be with each parent and will discuss the exact amount of time each parent will have with a child. The courts do not want to get involved with the parenting plan, but they will if they have to. The courts require the parents to try to work out the plan in mediation. However, the courts will make the parenting time decisions if the parents cannot agree.Child Support
Child support in Oregon is not determined by who has custody. Child support is determined by Oregon’s Child Support Guidelines. It is also based on the parent’s income, the amount of time that the child spends with each parent and many other factors. It is best to be represented by an attorney to make sure that you are receiving a fair amount of child support, or you are paying a fair amount of child support (you don’t want to be forced to pay way too much).Adoption and Guardianship
An adoption of a child is absolutely permanent. You become the parent of that child and it cannot be reversed. If the marriage between spouses end and both are the legal adoptive parents of the child, then they must go through the same process as if that child were biological. This includes both custody decisions, as well as child support for the child. When the adoption becomes official, the rights of the birth parents are terminated. However, an open adoption may be requested in which different rights are given to the birth parents. It is absolutely essential for both the birth parents as well as the adoptive parents to have attorneys. An attorney can make sure that all consents are completely voluntary and are in no way coerced, and that any open adoption agreements are in the child’s best interest. An adoption is generally only a possibility when both birth parents have agreed to the decision. Unless one of the parents has been deemed as having willful neglect, or abandonment of the child.
A temporary guardianship may be ordered to a person when the child’s needs are not being fully met by their parents. When a guardianship has been awarded that does not mean the parent’s rights have been terminated. Guardianship means that the person has the ability to act on behalf of the parent and make decisions as if they were the parent. The guardian will become completely responsible for the child. They will be responsible for the child’s needs, including financing, housing, maintenance and health.Family Law Procedure
Family law, like most law, can be very overwhelming and confusing. The most useful asset in all of your family legal issues is a qualified family law attorney. You need to seek for a lawyer who not only can interpret complex law and answer questions to you in a simple fashion, but whom also cares for you as an individual. You want a lawyer who is sensitive to your needs and truly wants the best for you and your family.
Family law needs to be dealt with sensitivity and compassion. David Johnson is a husband and a father of four amazing daughters. He knows the importance of family and he knows how much your family means to you. He knows that how to be professional, effective and compassionate about your current situations. He is not here to judge you and your family, but to support you through the legal process with you and your family’s best interest in mind.
If you are interested in having the support of a qualified attorney then call David Johnson, family law lawyer today!