Modification of Orders
Parenting Plans, Child & Spousal Support Orders | The Martin Law Firm, P.C.

The Martin Law Firm, P.C. regularly handles modification cases involving parenting plans, child and spousal support.

The legal basis for a modification of an order regarding a parenting plan, child or spousal support in Oregon or Washington requires a substantial change in circumstances which was unforeseen or unanticipated at the time the original order was entered with the court. For example, in Oregon, a modification action to change custody must be supported by evidence that the current custodial parent is unfit to provide primary care of the children and a change of custody to the other parent is in the best interests of the child. However, a change to an Oregon visitation or parenting time schedule only requires the moving party to show that the proposed change in the parenting time schedule is in the best interests of the child. In Washington, regardless of whether the moving party is requesting a change in custody or the residential schedule, he/she must prove there has been a substantial change in circumstances and the requested modification is in the best interests of the child.

Modifying Child Custody In Oregon

Interestingly, in Oregon, the court cannot order joint or shared custody of the children. Oregon law requires that the parties agree to joint physical and/or legal custody if the same is to be ordered by the court. If, after entry of the joint custody parenting plan, the parties struggle to follow the order or cannot agree to its terms, one of the parties may file a motion with the court requesting sole custody without showing a change of circumstances. After considering all relevant evidence, the court will order a parenting plan which is in the best interests of the child.

Modification of Support Orders

Support modifications in both states require a substantial change of circumstances since entry of the original order. Both states entertain a review of child support orders every two years without a showing of a change in circumstances.

Family Law Attorney Lisa Martin represents clients in Clark County, Washington as well as Multnomah, Washington, Clackamas, Columbia and Yamhill County, Oregon, including the cities of Vancouver, Camas, Battleground, Washougal, Portland, Tualatin, Wilsonville, Sherwood, Gresham, Hillsboro, Lake Oswego, West Linn, Beaverton, Tigard, St. Helens and Scapoose. To set up an appointment to speak with Ms. Martin, please call 503-220-1626.

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