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Bankruptcy to relieve debts

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The last 35+ years have seen a rapid increase in the effectively simple accessibility for purchasers to obtain credit in the United States. The fundamentally higher obligation burdens conveyed by an ever-increasing number of American buyers, especially those of low and moderate pay, render them and their families defenseless against huge budgetary challenges when they endure salary interference. Over-the-top-loan fees and charges that rapidly aggregate upon a default have left more families than any time in recent memory powerless against monetarily passing winding when they experience a momentary drop-in pay or a crisis cost that disturbs their obligation installments. Aggressive creditors regularly threaten to throw debtors’ lives into chaos, through foreclosures, repossessions, levies, executions, garnishments, collection harassment and utility shut offs.

In many cases bankruptcy is the only option that will bring order, to individuals who are under huge money related weight. Chapter 7 gives a compelling method for making everything fair among debtors (account holders) and creditors (lenders), and it can significantly improve the prosperity of debtors and their families.

It should not shock anyone, at this point, that around one million families file consumer chapter bankruptcy cases every year. As credit grows, bankruptcy turns out to be progressively vital to our monetary and legitimate frameworks, in ever bigger quantities of users and more and more organizations look for bankruptcy alleviation. Bankruptcy offers debtors a chance to reorder their funds and acquire a “fresh start”. In spite of the fact that the 2005 Bankruptcy Legislation ordered by congress made insolvency progressively unwieldy, all the more expensive and, sometimes, less successful, it didn’t change the obvious financial substances that drive individuals to petition for financial protection cases. Purchasers keep on requiring bankruptcy (debt) alleviation and will keep on looking for it in enormous numbers.

It has become impossible to ignore bankruptcy. Not only is bankruptcy an important option (tool) to offer a debtor with financial tumult, but it also frequently impacts individuals and business with whom a debtor may be involved through employment (including garnishment), marriage (and dissolution of marriage), a tenancy (rentals and evictions), a consumer relationships, or as party to a lawsuit.

As the importance of bankruptcy increases, so does the need for low and moderate income clients to have access to the bankruptcy system. Unfortunately, though, because of high filing and attorney fees, it is those with low and moderate incomes who have had the least access to bankruptcy and will have an even more difficult time due to the 2005 bankruptcy amendments (discussed above).

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Credit Card Defaults, Credit Card Profits, and Bankruptcy

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Click here for a link to: Credit Card Defaults, Credit Card Profits, and Bankruptcy

 

Oregon Bankruptcy Attorney. Call today. 

Parenting time plan Umatilla County

Father’s rights in Oregon

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Fair warning, this is an in-depth article delving a bit deep into custody issues. It includes case law and statutory references. There are sections that are broader, but then some get more specific. If you still have questions, feel free to contact us.

CAN UNMARRIED FATHERS OBTAIN CUSTODY?

Oregon family law is gender neutral at least, it is in theory. Courts presume that children do better when both parents are involved in their child(rens) lives. But there are some gaping holes in the law and its application that can leave certain fathers (especially working fathers) at a disadvantage when it comes to obtaining child custody and visitation.

One of biggest statutory disadvantages for working fathers is, “Who is the primary caretaker of the child?” The primary caretaker is the parent who is with the child the most often. This usually disadvantages working fathers. The person who is with the child the most may not be the most caring parent, but the statutory presumption is there. Oregon Revised Statutes (“ORS”) 107.137 “Factors considered in determining custody of child”.

UNMARRIED FATHERS MUST SECURE THEIR RIGHTS

Unmarried fathers can find themselves in especially challenging positions. Under Oregon law, unmarried fathers have no right to be in their child’s (children’s) lives without taking legal action.

Both parents may voluntarily formalize the father’s position by naming him as the father on the child’s birth certificate (usually done at the hospital at the time of birth). They must also sign an acknowledgement of paternity. Doing so grants the father full paternal rights, which may then be exercised.

If one of the two parties refuses to sign the voluntary acknowledgement of paternity, the man may also petition the court (circuit court) by submitting to a paternity test, a non-invasive mouth swab that is quite accurate. Once the court issues an order naming them as the father, the man can then seek custody and visitation, through the circuit court.

THE IMPACT OF LACK OF PATERNITY ON OTHER FAMILY MEMBERS

Under the Oregon Revised Statutes (“ORS”) 109.119 Rights of person who establishes emotional ties creating child-parent relationship or ongoing personal relationship; presumption regarding legal parent; motion for intervention and Troxel v. Granville, 530 U.S. 57 (2000), clear and convincing evidence that the parent cannot act in the best interests of the child and visitation by the non parent is in the best interests of the child. In our experience, unless there exists a clear issue (severe drug addiction, for example) a non parent has a very difficult road toward visitation.

MARRIED DADS WHO DIVORCE CAN ALSO HAVE PROBLEMS

Problems with father’s rights usually arise in the context of contested divorces. Courts prefer parents to work out matters for themselves and submit the agreed-upon custody and visitation arrangements to the court (usually done through mediation). Parents, especially fathers, who litigate custody or visitation matters in court could find themselves fighting an uphill battle in some jurisdictions and some courtrooms, even though the law is clear. Consequently, working fathers often need lawyers who will be their strong advocate in court.

There may also be instances where a non-biological father is listed on the birth certificate for a child, but they are not the biological father (not “bio dad”). The father may file for non-paternity to avoid payment of child support for a child that is not biologically theirs.

In the alternative, if a father turns out not to be a biological parent and the mother has filed a petition for non paternity, the father will have to fight to establish himself as “psychological parent” in order to obtain any rights to the child.

GET HELP FOR YOUR CUSTODY CONCERNS TODAY

Sadly, working fathers often need to meet a higher standard to demonstrate their suitability as parents. Moreover, working fathers appear to be victims of parental alienation campaigns more frequently, making it less likely that they will be seen as appropriate custodial parents.

GOOD NEWS

Oregon is moving toward 50/50 parenting time, so long as both parents have a bond with the child. Working parents are beginning to be recognized as equal providers in the parents relationship.

There is a lot of research to suggest that parents need to spend equal time with kids regardless of whether they are working. There is also a lot of research to support the notion that a child needs to spend time around a working parent so that they can view it (working/successful career) as a goal.

Each parent provides world experience that is important for the child(ren) and those experiences need to be recognized and promoted.

While it is wonderful for one parent to stay home with the children (especially present with mothers at younger ages) the role that a working parent takes should not be diminished. It is often the case that one parent must work and one is then able to stay at home. Neither parent is giving less than the other, in those relationships.

In today’s world, (reality) usually, both parents have to work. And the law needs to keep up with that. It’s important who changes the diapers but it’s also important who buys them.

BIO DAD FIGHTING FOR CUSTODY

107.137 Factors considered in determining custody of child…
(a) The emotional ties between the child and other family members;
(b) The interest of the parties in and attitude toward the child;
(c) The desirability of continuing an existing relationship;
(d) The abuse of one parent by the other;
(e) The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and
(f) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. However, the court may not consider such willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in a pattern of behavior of abuse against the parent or a child and that a continuing relationship with the other parent will endanger the health or safety of either parent or the child.

Because this is the area that most dads we meet with are interested in, we will expand with potential hypothetical situations for each factor. Hopefully, some situations will stick out (ring true) and make sense for you.

Overall this is factors test, and no one factor out-weighs the others. They must all be considered together, based upon your particular circumstances.

(a) The emotional ties between the child and other family members

How close is your immediate family to the child (children)?
Do you have step-children?
Do the grandparents spend time with the children? Is it important for those relationships to continue?
Are the children close with aunts and uncles?
Does the mother of the children facilitate all of these relationships?

(b) The interest of the parties in and attitude toward the child

This factor is difficult to quantify, it comes down to questions like:
Who (which parent) has taken the child to the Dr.?
Who has taken the kids to the parent teach conferences?
Who has invested the most time with relationships with other people and who has taken to the most activities (park, playground, intramural sports)?
Even if you (as a parent) didn’t go to the Dr., did you call the Dr. to find out what happened during the visit?
Did you call the dentist to find out the results of the check-up?
Who takes the kids to daycare?
Who cares about the kid being at daycare (wants to make sure they are enrolled and being properly socialized)?
How involved are you (as a parent) in the day to day lives?
Is your child failing algebra? Are they getting and A in social studies?
What is your discipline style? Judges disfavor spanking and favor time outs and talking through problems. DO NOT SPANK YOUR CHILDREN.

(c) The desirability of continuing an existing relationship

These questions focus around things like the following:
Is the kid happy to be around you?
Does the court want the child to continue the existing relationship (as it stands) with you?
Is it (the relationship) healthy? If it is, present evidence of its health. Explain that if you do not have a relationship with the child, the child will be upset, that it will ultimately be detrimental to the child.
Kids need their dads. Why would you not have dads around unless they were a clear and present danger? You wouldn’t, unless you are only trying to win the case and not interested in the best interests of the child(ren).

(d) The abuse of one parent by the other

This issue focuses on things like the following:
Is there a restraining order in place?
Did you abuse the mom in front of the children? If you did, go to counseling, and ask the counselor to address any issues you have that might involve the child. Then ask the counselor to testify that you are capable of being a father, despite the history of abuse. That the benefits outweigh the detriments. Be honest, it will be coming out if you’re fighting for custody.

(e) The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court

This was discussed above in this article. This is where the unfairness in the factors lies for working fathers. A mother this is a “stay-at-home-mom” has an advantage over the working father.

(f) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. However, the court may not consider such willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in a pattern of behavior of abuse against the parent or a child and that a continuing relationship with the other parent will endanger the health or safety of either parent or the child

If there is alienation between father and child, this factor will go in your favor. If mom says, “You cannot see your children,” this will actually favor you in court, as the mom is alienating the children from you, their father.

By the way, it’s worth noting at this point, if you want custody, you had better get a “Custody Evaluator“. Pay the money and take their advice. They are the professional in this regard. If they, the evaluator, say you should not have custody, heed their advice and become a better parent before blaming everybody else.

This is a good start, but it is only part of the story. Do not rely on this as your whole strategy, you should always consult with a lawyer.

Final demand for payment letter on a table

How to file a chapter 7 bankruptcy in Oregon

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Collect Your Oregon Bankruptcy Documents
Everyone who files a Chapter 7 bankruptcy in Oregon should start by doing this as your bankruptcy documents will be helpful in every step of the way going forward. The first thing you should do is collect all the paycheck stubs that you and your spouse have received in the last 6 months. If you are getting paid by direct deposit, odds are they have been emailed to you and should be easy enough to locate in your inbox. If you get regular checks, and haven’t kept track of the stubs, ask your payroll department to provide you copies. You should also get a copy of your credit report from each one of the three reporting agencies. You are entitled to get a free copy once per year and can request them directly from the agencies, or go through a third party. The other documents that will come in helpful when filing bankruptcy in Oregon are recent statements for your car loan and mortgage (if any), your two most recent federal income tax returns, and, if you were divorced in the last 10 years, a copy of your divorce decree.

Take Credit Counseling
Every person who wants to file an Oregon bankruptcy has to first complete a credit counseling course. This course is a requirement under the Bankruptcy Code, and it has to be completed in the 6 months leading up to your filing. The course will review your income and expenses and, if possible, put together a proposed debt repayment plan for you. Since you have to file a certificate of completion after filing Chapter 7 in Oregon, make sure you take the course through an provider approved by the United States Trustee to offer the course in Oregon. Most people take the course online, from the comfort of their home. If you are interested in attending the course in person, check out Consumer Credit Counseling Services (CCCS) of Southern Oregon, Debt Reduction Services, Inc., or Money Management International, who offer this course in person in Medford, Eugene, and Portland, respectively. The course itself usually takes less than 2 hours and having your bankruptcy documents, including a listing of your regular monthly household expenses, handy during the course will make things more efficient on your end. The costs for this class vary, so be sure to shop around bit, especially if you are planning on taking the course online.

Complete the Bankruptcy Forms
One of the added benefits of taking the credit counseling course before completing the forms you need to file for your Chapter 7 bankruptcy in Oregon is that it helps you familiarize yourself with the terminology and what is considered relevant information. Now that you are a more familiar with the particulars of your financial situation, completing the forms should come just a little bit easier. If you hire a lawyer to help you, they will complete the forms for you after collecting all the necessary information through a questionnaire or in person interview. If you are eligible to file through Upsolve, we will assist you to make sure everything is completed properly. If you are completing the forms on your own, you can obtain them for free online, along with these detailed instructions on how to complete them. You should also check out the court’s instructions on how to prepare your creditor mailing matrix. Just remember, filing bankruptcy in Oregon means that you have to make certain disclosures to the court, and skipping questions, or omitting important information from your forms is not an option if you want your discharge.

Get Your Filing Fee
The court filing fee for Chapter 7 bankruptcy in Oregon is $335. If you are able to pay this fee in full on the day you go to the courthouse to file your case, you should bring it with you in the form of a money order, or cash (in that exact amount). Even though the Oregon Bankruptcy Court’s website indicates that it accepts personal checks, it’s not clear whether that extends to people filing for bankruptcy protection, too. Most bankruptcy courts across the country only accept personal checks from law firms or similar organizations. If you can’t raise the full fee before filing bankruptcy in Oregon, it is possible to get your case filed anyway and ask the court to allow you to pay the filing fee in installments instead. This will get your creditors off your back now and put an end to any kind of wage garnishments that may be negatively affecting your ability to come up with the full fee before filing your case. Finally, if your income is less than 150% of the federal poverty guidelines, and there is no way that you can pay the full fee in installments even after your case is filed, you can ask the court to waive the fee for you by filing this application.

Print Your Bankruptcy Forms
This part of the process may seem pretty self-explanatory, but is worth some comments, nonetheless. Folks filing bankruptcy in Oregon without a lawyer (“pro se”) have to bring all of their forms to the courthouse themselves. Per the court’s website, only one copy of your documents is needed to file a Chapter 7 bankruptcy in Oregon. You should print (or make) a second copy for your own records that you can refer to later on in the process. Everything gets printed on white 8.5″ x 11″ paper, one page per sheet. In other words: Even though you will be using quite a lot of paper, don’t print the bankruptcy forms you plan on filing with the court double-sided. The court has published Instructions for Filing and Individual Bankruptcy Case that lists all the documents you will have to print in order. Since the forms all look very similar to one another, it’s a good idea to print that list first, then use it to make sure you are in fact done printing everything needed for an Oregon bankruptcy.

Go to Court to File Your Forms
Since a some of the information on your bankruptcy forms is time-sensitive, try to head to the courthouse to file everything in the same week you printed it. Even though it may seem a little bit redundant, take advantage of the checklist for filing that the Oregon Bankruptcy Court has published on its website. Not only does it give you a second opportunity to make sure you are not missing any forms needed for a Chapter 7 bankruptcy in Oregon, it also provides you with a valuable overview of the process as a whole. The bankruptcy court has two locations where documents can be filed. You should check out this listing to determine which division your county falls into. Since everyone filing bankruptcy in Oregon has to enter a federal building to do so, make sure you bring a valid picture ID and be prepared to pass through a security checkpoint on the way in. Finally, if you are not familiar with the part of town the courthouse is located in, look up the best parking options before you head out as the court will not be able to validate your parking.

Mail Documents to Your Trustee
Shortly after your case is filed, the Office of the United States Trustee will assign a trustee to administer your case. In fact, everyone filing Chapter 7 in Oregon has a trustee assigned to their case. Your main interaction with your trustee will be at the creditors’ meeting after your Chapter 7 in Oregon is filed. In preparation for this meeting, you have to provide certain additional documents to the trustee to enable them to do their job. The bankruptcy code requires that you send a copy of your federal income tax return for the prior year to your trustee at least 7 days before your creditors’ meeting. In addition, your trustee may send you a letter outlining which other documents or information they would like to review. When you hear from your trustee, carefully review what it is they want and how they want you to submit it to them. One of the Chapter 7 trustees for the Eugene division allows folks to upload documents, rather than send everything by mail. Make sure to follow the instructions your case trustee gives you, as cooperating with your case trustee is a major component of filing Chapter 7 in Oregon.

Take Bankruptcy Course 2
The credit counseling course you took before filing bankruptcy in Oregon allowed you to become a debtor in bankruptcy. Completing bankruptcy course 2 renders you eligible for a discharge (assuming there are no other hurdles to having a discharge entered in your case, such as such as a prior bankruptcy). This course focuses on financial management and is intended to provide folks who filed Chapter 7 bankruptcy in Oregon with some easy to use financial management tools to ensure that the discharge has a maximum impact and that you can make the most of your fresh start. The course must be completed through a company that is approved by the United States Trustee for Oregon to provide it. As with the first course, you can take this one online or by phone. Unfortunately, folks who want to take this course in person will have to travel Medford, as CCCS of Southern Oregon is the only provider offering bankruptcy course 2 in person. Once done, you will receive a certificate of completion that has to be filed with the court to confirm that you have complied with this requirement. If you do not, the court may close your Chapter 7 bankruptcy in Oregon without first granting you a discharge.

Attend Your 341 Meeting
Your 341 meeting, also known as your creditors meeting, will take place about 20 – 40 days after filing Chapter 7 in Oregon. Although it sounds stressful, it is really nothing to be worried about as long as you take just a moment to prepare. While creditors can attend your 341 meeting to ask you questions about your Oregon bankruptcy, it’s mainly a meeting with your trustee. After the trustee confirms that you are who you say you are by checking both a picture ID and social security card (or acceptable alternative), you will be placed under oath to answer some questions. As long as you remember to take a deep breath and answer truthfully it will be over before you know it. Your trustee’s questions are all about you and your financial circumstances and if you don’t understand a particular question, it is perfectly ok to ask the trustee to clarify or restate it. Attending the creditors meeting is one of the requirements for the court to enter your discharge, so be sure to mark your calendars when you get the official notice from the court after filing Chapter 7 in Oregon. The court’s filing checklist further recommends that you bring copies of your bank account statements to the meeting (though your trustee may have already asked for those ahead of time).

Dealing with Your Car
If you have a vehicle, you will have to deal with it as part of your bankruptcy. After all, everything you own is an asset in your case. If you don’t have any equity because you are still making payments on your car loan, then filing Chapter 7 in Oregon gives you the opportunity to walk away from the car and the loan. If you don’t want to surrender the vehicle, but you also don’t want to keep making payments on a loan with bad terms, you are able to redeem it for its current value, thereby paying only what the car is worth. The discharge will remove your liability on whatever is left owing on the loan after your either surrender or redeem the vehicle. Finally, if you like your car, and your loan (including the monthly payments you have to make on it) make sense for your family, then you can keep everything basically the same by entering into a reaffirmation agreement. If you do have equity, or your car is paid off completely, then as long as it’s worth less than $3,000 it is protected by the Oregon bankruptcy laws as long as you claim the correct exemption on your Schedule C.

Pen and Paper

Oregon – What is a Will?

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At Clooten Law, we specialize in custom tailoring an estate plan for our clients in Hermiston and Pendleton. One of the first questions usually encompasses questions about what a Will is and how it works. Here is a brief synopsis.

WHAT IS A WILL?
A Will allows someone to decide how they want their assets divided after they have passed away. Any person who is 18 years or older or who has been lawfully married or who has been emancipated, and who is of sound mind, may make a Will.

WHAT HAPPENS IF I DIE WITHOUT A WILL IN OREGON?
If you die without a Will your assets are distributed according to the laws of Oregon. Inheriting without a Will is called intestate succession and we have an article that diagrams some of the common ways your assets may be distributed. (Intestate Succession in Oregon)

BENEFITS OF A WILL.
There are many benefits to creating a Will. At the minimum, a Will should appoint a personal representative and waive bond. A Will can allow you to make a charitable gift, create a testamentary trust for your children, or even provide for your pets.

FORMALITIES OF MAKING A WILL.
There are several formalities that you need to follow in order to have a valid Will in Oregon. The most important are that they are in writing and that two witnesses watch you sign your Will.

DOES A WILL AVOID PROBATE IN OREGON?
A Will does not avoid probate but it can make the administration of probate cheaper and easier. Your Will allows you to appoint a Personal Representative to manage your estate and you will be able to waive bond for the personal representative. Just doing those two things will save your estate money and move your estate through the probate court more quickly.

ELECTIVE SHARE.
While your Will ordinarily controls how you distribute your assets, your spouse has a right to claim part of your estate. You are not required to provide for anyone in your Will and Oregon doesn’t allow anyone to claim a portion of your estate except for your spouse.

I HAVE NO MONEY. SHOULD I MAKE A WILL?
How you distribute your assets is only part of what your Will does. Your Will also allows you to make arrangements for your minor children.

HOW DO I CHANGE MY WILL?
You can make changes to your Will be adding something called a codicil. A codicil requires the same legal formalities as a creating a Will.

HOW DO I REVOKE MY WILL?
Your Will may be revoked by creating another Will or by the physical act of destroying the Will with the intent to revoke it. Certain acts automatically revoke your will. If you get married or divorced, you should consult with an attorney to see how it affects you. Getting married may revoke a previously written Will. Getting divorced in Oregon revokes portions of your Will that benefit your former spouse. If you have or adopt children after executing your Will, your Will may be modified by state law to provide for those children.

If would like to learn more about how to plan your estate, schedule a consultation today.

Oregon Attorney Probate

Oregon Estate Tax Rates

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*Disclaimer, this is not legal advice. There is no substitute for talking to a tax planning professional in person.

At Clooten Law, we help clients file probate matters in Umatilla County Oregon. There are certain thresh hold requirements people filing probates need to understand about taxation on estates. These requirements are separate from any federal taxation rules.

The State of Oregon levies a tax on taxable estates that have a value of more than $1 Million. Estates of less than $1 Million are exempt from the Oregon Estate Tax. This is a separate from the Federal Estate Tax. In 2018, individuals with less $11.2 Million and couples with less than $22.4 Million are exempt from the Federal Estate tax. The top Federal Estate tax rate is 40%. More information on determining the Federal Estate Tax rates can be found at IRS.gov.

Family by a lake

Can Children Express Preference in Oregon Custody Proceedings?

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When two parents split up and can’t agree about who should have custody of their child, they have to go to court and ask the judge to make an “initial custody determination,” which means that the court decides for the first time where the child will live, how much time the child will spend with each parent, and how important decisions will be made on the child’s behalf.

Parents generally have a good idea of what they want in terms of custody, but what about what the child wants? How much, if at all, will the judge take the child’s preferences into account? The answer can be more complicated than it might seem.

Overview of Custody Decisions in Oregon
There are two kinds of custody in Oregon: physical and legal. Legal custody refers to a parent’s right to have a voice in making important decisions on behalf of the child, like the child’s medical, educational, cultural, and religious upbringing. Physical custody, on the other hand, bears on where the child will live, which parent will provide what kind of care for the child, and how much time each parent will spend with the child.

Legal and physical custody may be joint or sole. If custody is joint, the parents will share time with the child and make decisions together. If custody is sole, only one parent will make the decisions and will spend most, or sometimes all, of the time with the child.

To make an initial custody determination, Oregon judges must consider a laundry list of factors that collectively reflect a child’s best interests. The court can’t pick out one factor and use it to the exclusion of the other factors; the entire list must be examined as a whole. The factors include:

the emotional ties between the child and other family members
the interest of the parents in their child, and their attitude toward their child
the desirability of the child continuing to have a relationship with each parent
whether either parent has abused the other
the willingness and ability of each parent to encourage and facilitate the child’s close and continuing relationship with the other child, and
the identity of the parent who has served as primary caregiver, if that parent is a suitable caregiver.
If a parent has committed abuse against the child, the court will presume that it’s not in the child’s best interests to award custody to the abusive parent. A parent who has been convicted of rape cannot receive joint or sole custody of a child.

A parent’s qualifying disability under the Americans with Disabilities Act of 1990 may not be considered unless the disabled parent is endangering or is likely to endanger the child. No preference is given to mothers over fathers, or to fathers over mothers. Finally, the parents’ conduct, marital status, income, social environment, and lifestyle may only be considered if they are causing or may cause emotional or physical harm to the child.

For more information about custody decisions and family law matters, the Oregon Judicial Department maintains a family law website that contains forms and additional research. You can also browse the Oregon Revised Statutes to read firsthand what the custody laws say.

When Will the Court Consider a Child’s Preference?
Oregon family law judges will not necessarily consider a child’s preference in every case. The decision varies with the facts of each case. To admit such evidence, the court must decide that the child’s preference also reflects the child’s best interests. There is no hard and fast rule about how old a child has to be before a judge can consider what the child wants. In In the Matter of the Marriage of Remillard and Remillard, 569 P.2d 651, 654 (Or. Ct. App. 1977), the Oregon appellate courts remarked that “the expressed desire of a child to live with one parent or the other should be given be given consideration,” but also cautioned that such testimony “must be used cautiously” because a young child’s opinion may be marked by immaturity. The court commented that if a child is too immature, “he may simply be responding to the greener pastures presented by the [other] parent,” or may “consciously or unconsciously be taking sides and playing one parent against the other for his own benefit.”

For example, in one key case, the court allowed a ten-year-old girl to express her preference about custody. In the Matter of the Marriage of Tuttle and Tuttle, 660 P.2d 196, 200 (Or. Ct. App. 1983). The young girl offered a mature opinion, explaining that she loved her parents equally but that she didn’t want to lose stability by moving away from her mother. The court was impressed by the bond between mother and child and gave the girl’s opinion weight because it was mature and well-reasoned. Had the girl testified that she wanted to live with her mother because the mother bought her nice clothes or let her stay up later at night, however, the court likely would not have admitted her testimony because it would be based on childlike, immature considerations.

Do Children Have to Testify About Their Custodial Preferences in Court?
The beginning point for many family court judges is to appoint an expert for the purpose of ordering an investigation into the child’s life. The investigation covers the character, family relations, past conduct, earning ability, and financial worth of the parents. The court can also order the parents and the children to submit to independent physical, psychological, psychiatric, or mental health examinations. The judge can also appoint an attorney to represent the children’s interests.

Next, if the judge believes that a child can express a mature and reasonable preference, the court has the option to take testimony from the child. Either parent may ask that the judge speak with the child, or the court can make the decision itself. The judge has the power to speak privately with the child, in the judge’s secure, private chambers instead of in open court, if the judge believes that it’s in the child’s best interests to exclude parents from the conversation. This enables the child to speak freely and candidly with the court and express an honest opinion about custody.

Conclusion
If you and the other parent can’t agree about who should have custody of your child, you should contact an experienced Oregon family law attorney to represent you. Contested custody cases are very difficult to work through as a self-represented person.

Pendleton Office

912 SW Dorion Ave
Pendleton, Oregon 97801

Call 503-221-1772 Today

Hermiston Office

230 SE 4th St.
Hermiston, Oregon 97838

Call 503-221-1772 Today

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