Services by Kevin J. McCarty, Attorney at Law
Having a highly experienced and well-prepared lawyer is a vital part of winning any case and Kevin J. McCarty will work hard to exceed all your expectations. He respects and understands the law and takes every case seriously, no matter what kind of lawsuit you bring to him. Kevin understands that constant communication between you and the other parties is crucial to ensure that your case continues to move forward.
Kevin provides a wide range of legal advice and representation in the following areas:
Getting a divorce is stressful. It can be scary not understanding the process and not
knowing what to expect. Kevin has been assisting clients through the divorce process for over 25
years. He takes the time to guide his clients through the various stages and helps to take the
mystery and anxiety out of the process.
Kevin will help you make the good decisions that arte
necessary for your future.
Kevin always attempts to bypass the stress and expense of litigation by obtaining
settlements whenever possible. In those cases were a trial is necessary, Kevin is fully prepared to
fight for your interests in court and position you for a favorable outcome.
Kevin will advise you and protect your interests regarding:
- Child Custody and Parenting Time
- Child Support Matters
- Distribution of Real and Personal Property
- Child and Spousal Support
- Pensions, Retirement and Investment Accounts
Property settlements often require thinking outside the box, trade-offs and creative
solutions. Kevin has many years of experience in negotiating the various issues necessary to
reach a fair and reasonable agreement that will allow his clients to move forward with their lives.
Child custody and the realities of parenting time issues can be complicated and
contentious. While ideally parents will come up with creative solutions that meet the best
interests of their child, it is often a very difficult and emotional process. Kevin has handled
hundreds of custody and parenting time cases, and was instrumental in the creation of what is
now known as the Deschutes County Basic Parenting Plan.It is important to understand the difference between legal custody and physical
In the State of Oregon, the term legal custody refers to decision-making power for the
child. If a parent has sole legal custody
, that parent has sole decision-making power for all
major decisions about the child. “Major decisions” are typically seen as decisions regarding the
child’s educational needs, religious considerations, and medical concerns. If the parents have
joint legal custody, then the parents must agree before any major decision is made for the child,
even if the child lives primarily with one parent.
Physical custody refers to what parenting time rights each parent will have. When a
parent has parenting time rights pursuant to a court’s order, that order grants the parent physical
of the child during that parent’s time with the child pursuant to the specific parenting
While there is a trend toward joint legal custody, it is not appropriate in every case.
Kevin can help assist in helping you decide what is best for your child under the unique
circumstances of your case and ensure a safe and healthy future for your family.
There is no one-size-fits-all parenting plan. While Kevin sat on the committee that
created the Deschutes County Basic Parenting Plan (DCBPP), he does not believe that the
DCBPP is the right choice for all of his clients. In fact, it is the rare case in which the
standardized DCBPP is included in a final judgment. However, because of the
comprehensiveness of the DCBPP, it can, and often is, used as a guide to create a parenting plan
that reflects the needs and special circumstances of each individual case.Parenting plans need to be individualized to meet the needs of your family.
Many factors need to be considered in reaching an agreement regarding each parent’s
time with the child. The child’s age, interests, needs, and individual personalities can all be
important when crafting a plan that will remain in place for the foreseeable future. Each parent’s
strengths and weaknesses are also be taken into consideration, with the goal being a solid plan
that provides for the children’s needs and safety. There often needs to be a fair amount of
flexibility built into the plan, especially as children reach their teenage years and need more of
their own time with friends and sports, and develop into healthy young adults.
Kevin has worked with countless other lawyers throughout Central Oregon in developing
individualized parenting plans that meet the needs of the many families Kevin has helped over
Child Support and Spousal Support
Oregon uses the Uniform Child Support Guidelines to determine
the appropriate amount of child support to be paid in any given case. Whether you are
establishing child support for the first time or revisiting an old child support order, it is important
that your attorney understands the guidelines and how they are applied.
Kevin will take into account all considerations that may affect the amount of child
support in your case:
- Gross Incomes of the Parents
- Adjustments For Parenting Time Ratios
- Parenting Time Travel Expenses
- Tax Credits
- Work-Related Child Care Costs
- Educational Expenses
- Governmental Assistance
Kevin has a vast amount of experience in calculating child support in cases ranging from
the typical wage earners to the self-employed with many complex factors. Child support orders
can also include the payment of expenses for children’s extracurricular activities, or expenses
related to a child’s special needs.SPOUSAL SUPPORT.
Spousal support, or what is known as “alimony” under federal
law and the law of some other states, is appropriate in many cases. Kevin has the knowledge of
the law and the many years of experience necessary to determine if spousal support is appropriate
in your case. Spousal support - or its absence - can sometimes be used as a negotiation strategy
to resolve other issues in the case such as division of property and debts. The amount and
duration of spousal support also affects child support calculations, and it is important that each of
these issues be looked at carefully to ensure a fair result.
Kevin can assist you in determining if spousal support is appropriate in your case. Kevin
understands that the amount and duration of a spousal support award can be important factors in
ensuring the financial security of his clients.
Grandparent and Third Party Rights
When there is a death or incapacity of a parent, grandparents or others often step up to
ensure the well-being of a child. Conversely, those same circumstances can sometimes cut
children off from their grandparents or other loved ones. This is not only heartbreaking, but can
be unnecessarily traumatic for children. These important people in children’s lives have no
automatic right of visitation, but under the right circumstances Oregon law may allow these
caring people to seek regular visitation rights with a child.How grandparent and third party rights are determined.
If someone develops an “ongoing personal relationship” with a child, meaning a
relationship with substantial continuity for at least one year, that person may seek to have the
court order visitation or contact rights to ensure that the child’s best interests are met.
If someone establishes a “child-parent relationship” with a child, meaning a relationship
that exists or did exist, in whole or in part, within the six months preceding the riling of an action
in court, that person may seek to have the court order visitation or contact rights to ensure that
the child’s best interests are met.
In either case, the person seeking contact rights with the child must first get past the
initial burden of establishing that the child’s parent or guardian is not acting in the child’s best
interests. This initial hurdle can be daunting, and the court makes this initial determination on a
If that initial burden is met, the factors a court will apply to determine whether or not a
person is entitled to ongoing time with a child include:
- The Person’s Historical Relationship With the Child
- The Motivation For Seeking Ongoing Contact
- The Amount of Time Requested
- The Motives of the Parent Denying Contact
and most importantly,
- The Best Interests of the Child
Kevin has been successful in obtaining visitation rights for dozens of grandparents and
others over the years. Each case is different, and each must be analyzed on its own unique set of
facts. Kevin can assist you in evaluating whether or not the facts of your case are sufficiently
strong to support an action to seek ongoing contact with a child.
Kevin has extensive experience in both negotiations and litigation. Many cases should not have to go to trial, and it is often in the client's best interest to keep the case out of the courtroom. Trials are expensive and the outcomes are often uncertain. Kevin has the knowledge and skills to assist clients in all kinds of cases, from a simple divorce or eviction case to a complex case involving numerous issues.