Kevin J. McCarty, Attorney at Law
 
Call Us: 541-388-8176
250 NW Franklin Avenue, Suite 302, Bend, OR 97703 | info@kevinjmccartyattorney.com
 
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Services by Kevin J. McCarty, Attorney at Law


Services

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:
 
 

FAMILY LAW

  • Divorce
  • Child Custody
  • Parenting Time
  • Child Support and Spousal Support
  • Grandparent and Third Party Rights
  • Unmarried Couples and Same Sex Marriages
  • Premarital Agreements
 
Law Discussion - Law Services in Bend, OR
 
 

Divorce

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 are 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

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 custody:

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 custody of the child during that parent’s time with the child pursuant to the specific parenting plan.

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.

Parenting Time

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 the years.

Child Support and Spousal Support

CHILD 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 filing 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 case-by-case basis.

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.