A Guide to Effective Oregon Parenting Plans

June 04, 2011

A divorce can be difficult, even when there are no children present. Decisions must be made about the marital home, dividing assets, splitting mutual debts and other things. A divorce can be much more complicated for parents, however. They not only have to decide the same property settlement issues that other couples face, they must keep the best interests of their children at heart through it all when making child custody and parenting time decisions.

Child Custody Arrangements Under Oregon Law

Chapter 107 and 109 of the Oregon Revised Statutes (ORS) sets forth the laws that govern divorces, annulments, unmarried custody, paternity issues and legal separations in the state. Among other things, these statutes give guidance about the grounds for seeking an annulment or divorce, the process for seeking a divorce and how the courts view the parent/child relationship in Oregon.

In Oregon, child custody arrangements are made by using parenting plans. These plans set forth the amount of time each parent will spend with the child and sets the parameters for custody and visitation arrangements.

Specifically, ? 107.102 of the ORS states that parenting plans are required to be filed with the court whenever court proceedings are filed for a divorce or for any sort of legally recognized change in the custody of a child. The law allows parents to file either general or more specific plans to give the court guidance about what types of interaction each parent will be having with the child. There is a caveat, however. If the parents cannot decide upon a parenting plan on their own, the court will do it for them, using the best interests of the child and the safety of all parties involved as guiding factors.

Section 107.102 provides a non-exclusive list of the types of information that should be included in a detailed parenting plan:

- Residency information (where the child will live)
- Plans for spending holidays, birthdays, weekends and vacations with the child
- Information about what input each parent will have into making important decisions on behalf of the child (such as those involving religious upbringing, health care and education)
- How communication with the child will be handled (including instructions about telephone, e-mail and/or videoconferencing options)
- Dispute resolution methods the parents will attempt in the event they cannot settle a dispute on their own
- How the child will be transported back and forth between the parents or other interested parties (grandparents, older siblings, other family members) for visits

What Kind of Parenting Plan Is Right for Me?

The first thing that needs to be considered before a parenting plan is established is whether or not there are safety concerns for any of the parties involved. For example, there are safety concerns if one of the parents has:

- Displayed aggression/violence toward the other parent or the child
- Lost control of his/her temper and caused property damage
- Hurt a family pet or other animal while angry
- Threatened to hurt him/herself or others
- Substance abuse issues
- A history of physical, mental, emotional or sexual abuse
- Been arrested for or charged with harming the other parent, the child or others
- Been served with a protection or restraining order

How Are Parenting Plans Drafted?

Once a determination has been made about the type of parenting plan (basic or safety-focused) is best for a given family situation, then comes the time to draft the actual documents. While the Oregon Judicial Department does provide boilerplate forms and guides that amicably separating parents could use to create their own parenting plans, the assistance of a trained family law attorney might be necessary if a resolution cannot be reached.

An attorney's assistance can also be invaluable to help you come up with a proposed plan that you think the court should adopt, particularly if there are special considerations like disabilities or particular educational needs that need to be taken into account. If you are having trouble making a parenting plan with a divorcing spouse, you should contact a child custody lawyer in your area to learn more about your legal rights and options.

Article provided by The Law Office of Thomas M. Brasier
Visit us at www.brasierlaw.com