© 2019 Laura Eckstein Law. All Rights Reserved. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.

FAMILY LAW

Family law cases can be some of the most stressful and emotionally draining experiences our clients will go through. When your future and the future of your loved ones are on the line, it's important to partner up with a firm that you can trust to handle the complexities of your case with the care and precision that it deserves.

 

Laura Eckstein Law passionately advocates on behalf of clients throughout Oregon, Arizona, and Utah in a variety of family law matters. We welcome the opportunity to apply the law to your case and fight for an outcome that is most beneficial to you and your loved ones. While we cannot guarantee the specific outcome of any case, we can guarantee a high level of service backed by a long track record of success. Many different factors will determine how long your case will take to resolve. At Laura Eckstein Law, we have the experience to give you a better estimate once those variables are presented to help resolve your case through an efficient manner without dragging it out needlessly.

 

Attorney Eckstein is licensed to practice in Oregon, Arizona, and Utah.

 

DIVORCE

Passionate Advocacy from an Experienced Attorney

Divorce can be an exhausting and difficult process, especially if children are involved. Tensions are often high and it can be difficult to see how this situation could ever be resolved. Fortunately, with legal help, you can sleep well at night knowing that you have someone in your corner who will relentlessly fight for your best interests.

 

Attorney Eckstein views herself as a fighter, an advocate, and a counselor for her clients. She helps clients make decisions that will benefit themselves in the long run by helping them picture their lives five years down the road and making decisions backward from there. When you hire our Union County divorce attorney, you benefit from her perspective as well. as her 19 years of legal experience. She is battle-tested and unafraid to take your case to trial if needed. Ultimately, Laura Eckstein Law aims to be your trusted legal advocate and to help you move forward from your present circumstances into a brighter future.

 

Grounds for a Divorce in Oregon

Oregon is a "no-fault" state, meaning that it is unnecessary to prove that your spouse committed adultery, abandonment, or other similar acts to obtain a divorce. Most commonly, divorces take place when spouses have developed "irreconcilable differences." This is an accepted legal phrase that essentially means you and your spouse are not getting along and that your marriage is beyond repair. Even if your spouse does not want a divorce, you can still request one and the process cannot be stopped just because one party is unwilling to comply.

 

Uncontested Divorce vs. Contested Divorce:

Divorce can be broken down into two categories: Contested divorces and uncontested divorces.

 

  • Uncontested Divorce: This occurs when both spouses agree to getting divorced and about all of the terms of the divorce, such as child support, alimony, debt allocation, asset division, and more. This process is typically less drown out and, therefore, less of a financial burden than a contested divorce.

  • Contested Divorce: This occurs when one or both spouses cannot agree to get divorced on the terms regarding the divorce. Typically, this process must go to court where a judge will determine the terms of the divorce since the couple cannot come to an agreement.

 

In some cases, couples may begin the contested divorce, only to reach a settlement on the important terms of the divorce before the case goes to trial. This settlement must begin legally binding and can be reached with the help of a skilled divorce lawyer.

 

You're Not Alone. Call Today for a Free Consultation

When going through a divorce, it can be common to assume that you are alone in this process. With divorce attorney Laura Eckstein Law on your side, you can rest assured knowing that the legal details are being taken care of and that your case is in capable hands. We will work with you to reach an outcome that takes into account your best interests of any children involved.

 

 

CHILD CUSTODY

Aggressively Fighting for Your Child's Best Interests

Attorney Laura Eckstein is passionate about being a strong voice for children involved in divorce and custody cases. Our firm thrives on our ability to provide dedicated legal advocacy that fights for the individual needs of our clients. No case is the same, and we strive to treat you and your loved ones as we would wish to be treated in a similar situation.

 

Types of Child Custody

In Oregon, child custody refers to the legal rights and responsibilities involved in raising a child and making major decisions in that child's life. These decisions include education, living situations, health care, religious upbringing, and more.

 

There are several types of child custody:

  • Physical custody: This just means that you have the child under your care at a certain time and are responsible for making basic decisions during that time. Oregon usually regulates this via a parenting plan.

  • Sole legal custody: This means that one parent takes primary legal responsibility for making major decisions about how the child will be raised. While the other parent should be consulted, the parent with sole legal custody will have the final say. In some cases, the court will review these decisions to determine whether they are in the child's best interests.

  • Joint legal custody: Oregon typically does not favor this kind of custody. It means that both parents must consult and agree on major decisions concerning the child. Since both parents must agree, this is a delicate situation. A disagreement can easily lead to one parent gaining sole custody.

  • Split legal custody: In rare situations, split legal custody can be determined. This means that siblings might be under the sole custody of different parents.

 

What Factors Affect Child Custody Decision in Oregon?

When the court has to make a decision concerning child custody, it must take many factors into account. Ultimately, the child's best interests are what inform these decisions.

 

A judge may take the following factors into consideration, and more:

  • Any history of abuse by the parents

  • The child's preference (if over the age of 12)

  • The child's relationships with familty members

  • The primary caregiver's fitness to care for the child

  • One parent's willingness to include the other parent

  • The parent's relationships with, and interests in the child

 

 

PATERNITY

Passionate Advocacy for Our Clients

Establishing paternity is a life-changing process. Due to the high stakes involved, it is crucial that you have trusted legal help on your side. At Laura Eckstein Law, our La Grande paternity attorney can work with you to overcome the legal obstacles you may face and fight for your desired outcome.

 

Why Is Establishing Paternity Important?

Establishing paternity simply means determining who is the legal father of the child is. This is beneficial because it allows the father certain rights in his child's life that would not otherwise be available.

 

Paternity must be established so that the father is allowed to do the following:

  • Get a support order for the child

  • Bequeath property or money to the child after he dies

  • Obtain a healthcare order or medical support order for the child

  • Provide the child with access to his medical history and his family's medical history

 

How Paternity Is Established in Oregon

Paternity is automatically established when the parents are married to each other at the time of the child's birth. If the parents are not married at the time of the child's birth, paternity must be established through a legal proces..

 

The following are other ways that paternity can be legally established:

  • Voluntary acknowledgment of paternity: When both the mother and father agree that he is the father, they can legally establish his paternity by filling out the Voluntary Acknowledgement of paternity form.

  • Declaration in support of establishing paternity: A mother can fill out this form in order to establish paternity. This form can be filled out with or without the potential father's acknowledgment.

 

If the father in question doesn't believe the child is his or there is a question to whose child it is, genetic testing is available to answer the question.

 

GUARDIANSHIP

Compassionate guidance Backed by 19 Year's Experience

Guardianship is a legal role set in place so that an individual or minor who cannot make decisions for themselves will have someone to look out for their best interests and make major life decisions on their behalf. At Laura Eckstein Law, our guardianship attorney in Union County has nearly two decades of experience handling diverse aspects of family law. We handle each case as if it were our own and work to provide you with all the resources you need to make educated decisions about your future.

 

Guardianship of a Minor

Juvenile or probate court typically establish guardianship. Guardianship is established when parents of minors can no longer maintain custody or sufficiently care for the children. First, a guardian must have an existing relationship similar to a child-parent relationship. This is legally defined as when an adult has resided with the child or maintained physical custody of the child for a minimum of six months before filing a petition for guardianship. If the adult is not a family member, he or she must have resided with the child or maintained physical custody of the child for a minimum of 12 months before filing a petition for guardianship.

 

Other requirements for becoming the guardian of a minor include the following:

  • The guardianship must be in the minor's best interests

  • The guardianship must be necessary for the minor's well-being

  • The guardianship must be consented to by both parents and approved by a judge without parental consent

 

The guardian of a minor is held to the highest standard of responsibility. he or she must always act in the best interest of the child while maintaining all of the roles and responsibilities that a parent would normally possess.

 

When Does the Guardianship of a Minor Terminate?

The guardianship's authority over a minor terminates when the minor is legally recognized as an adult at age 18. However, the guardianship as a whole is over when a judge orders it.

 

STEPPARENT ADOPTION

Laura Eckstein Law Can Guide You Through the Adoption Process

In the United States, one of the most common types of adoption is stepparent adoption. When one parent remarries, the new spouse often wishes to be legally recognized as the parent of the child from a previous marriage. When this is the best interest of the child, a stepparent adoption can be a positive, life-changing process for both the child and the stepparent.

 

Requirements for a Prospective Adoptive Parent in Oregon

Whether the stepparent adoption process is simple or complex typically hinges on whether the parent from the previous marriage is willing to give up his or her parental rights. If that parent is mentally deficient, in prison, or abandoned the child, this requirement is waived.

 

A prospective parent must meet the following requirements:

  • He or she must obtain final court approval

  • He or she must have resided in Oregon for a minimum of six months

  • He or she must get the approval of a social worker following a post-placement study

 

If the adoption is successful, the stepparent takes on all the legal rights and responsibilities of a biological parent.

 

MODIFICATIONS

Circumstances Change. We Can Help.

After a divorce, it's common for circumstances to change to the extent that you would need to modify your existing child support, spousal support, or child custody order. With a capable legal advocate on your side, you can trust that your best interests will be strongly represented and that all legal details will be effectively handled.

 

When Can an Order Be Modified?

In order to modify an order such as child support, child custody, visitation, or spousal support, you must prove to the court that a substantial change took place and the change in question requires a modification to be made to accommodate your circumstances.

 

The following are usually considered significant enough life changes to merit a modification:

  • Relocation

  • Remarriage

  • Income change

  • Child's needs increase

  • Employment change (such as being fired)

 

The court will evaluate your case and determine whether the modification can be granted.

 

FATHER'S RIGHTS

Effectively Protecting Your Rights as a Father

Courts are not allowed to show favoritism to one parent over the other based on gender. As the father, you have equal rights to your child as the mother does and it's important to make sure that those rights are respected and upheld throughout your case.

 

At Laura Eckstein Law, our Union County father's rights attorney has more than 19 years of experience to put towards your case. We are passionate about overcoming the obstacles our client's face and we treat each client as we would want to be treated in the same situation. Attorney Eckstein takes the time to genuinely connect with our clients so that she can gain a more accurate perspective of their situation and best advocate for them. We are proud to give our clients hope in the midst of trying circumstances.

 

Advocating on Your Behalf in a Variety of Cases

A father is a crucial presence in any child's life. Our firm is capable of negotiating a solution on your behalf and of fiercely representing your interests in court when negotiation or mediation do not achieve the desired outcome.

 

Our firm will work to ensure that you are given fair consideration when the following is determined:

  • Child support

  • Child custody

  • Visitation

 

While judges are expected to make a decision in the child's best interest, your best interests might not be considered in the process. That's why you need an experienced family law attorney in Union County on your side.

 

GRANDPARENT'S RIGHTS

Helping You Navigate Grandparent's Rights in Oregon

Biological and adoptive parents have the right to raise their children as they wish without third-party interference. A third-party can refer to anyone outside of the parental category that the child may have established a "child-parent" relationship with, such as grandparents. In Oregon, grandparents do not have intrinsic rights to their grandchildren; however, if they have close emotional ties with their grandchildren, they may be able to file for visitiation, guardianship, or custody.

 

Our Union County grandparent's rights attorney is backed by 19 years of experience and has helped countless families navigate the complex legal situation. Our firm is dedicated to getting to know our clients on a personal level so that we can provide a solution that perfectly meets their needs. We provide constant communication throughout the case, as well as compassionate legal guidance.

 

When Can a Grandparent File for Visitation Rights?

Since the law fives biological and adoptive parents priority in the raising of their children, it must be proven that visitation would be in the best interest of the child.

 

The following are a sample of the factors which are taken into consideration:

  • Whether the grandparents filing the petition are or recently was the child's primary caretaker

  • Whether the child's circumstances are detrimental if left the same

  • Whether the legal parent has encouraged or consented to the relationship with the grandparent

  • Whether granting visitation would interfere with the custodial relationship

  • Whether the legal parent has unreasonably denied contact between the child and grandparent

 

When Can a Grandparent File for Custody?

To file for custody, it must be proven that the legal parents are unfit to care for the child. If at any time in the future, the parents are deemed fit to care for the child again, custody may be returned to them.

 

The following are a sample of the factors which are taken into consideration:

  • Whether the parents are unwilling or unable to provide sufficient care for the child

  • Whether the grandparent filing the petition has been the child's primary caretaker recently

  • Whether the child's circumstances are detrimental if left the same

  • Whether the legal parent has encouraged or consented to the relationship with the grandparent

  • Whether the legal parent has unreasonably denied contact between the child and grandparent

Why Trust Laura Eckstein Law?