Family Law

• Divorce
  Many people think of the term “family law” as a polite euphemism for “divorce law,” but the field actually covers much more than divorce. Family law issues include all aspects of marriage planning, dissolution of marriage, custody of children, family law mediation, and LGBT family law. Questions about these terms are common, and finding help can be confusing.
• Child Support
  A common misconception is that custody impacts parenting time, child support, and even taxes. It does not. A parent who has sole custody will have sole authority over major decisions such as those described above; however, custody does not, for example, give that parent the automatic right to move a far distance away with the child or restrict the other parent’s parenting time with the child. In fact, even if you are not granted sole custody, the law still provides you certain rights. These are basic parental custody rights. A mother’s custody rights are the same as a father’s custody rights, whether or not they are the custodial parent. Unless the court says otherwise, both parents continue to have the authority to...
• Child Custody and Visitation
  If you are a parent going through a divorce, the custody of children involved will be a major concern. Under Oregon and Washington state child custody laws, “custody” is defined as a parent’s right to make major decisions related to a child’s upbringing. Typically, a custodial parent will have the right to make decisions for a child related to major medical care, education, religious training, and important social activities.
• Paternity
• Premarital Agreement
  Prenuptial and postnuptial agreements empower couples to define their rights and obligations in case a marriage ends in divorce. These agreements are contracts that disclose the assets and debts of each spouse and dictate how those assets and debts should be distributed in the event of a divorce. The difference between a prenuptial and postnuptial agreement is that the former is written before a marriage and the latter is written during one. While prenuptial agreements were once considered unromantic or only necessary for the very rich, they are becoming increasingly common. Such agreements offer two distinct benefits for anyone planning their marriage.
• Spousal Support
  An unanticipated, substantial change in circumstances may be grounds for an increase, decrease or termination of spousal support. It is up to the party seeking the modification to prove such a change in circumstances has occurred.
• Legal Separation
  A legal separation, either temporary or for an unlimited time, may be granted when the differences between the parties have caused a temporary breakdown of the marriage. Virtually all issues that could arise in a divorce proceeding could also arise in a legal separation proceeding. In addition, the costs, fees and procedures are usually the same as in a dissolution case. Unlike a divorce, a legal separation does not terminate the marriage, and additional divorce proceedings are required if the couple decides to end the marriage.

Criminal Law

• Restraining Order
  Parenting time may be limited in cases involving restraining orders. Most counties in Oregon have proposed visitation schedules which they regularly follow. These may be obtained through you at or the court house.

Trusts and Estates

• Estate Planning
  Stahancyk, Kent & Hook specializes in divorce, custody, and estate planning. SK&H has multiple offices in Oregon and Washington. Find an office near you.
• Trusts
  A revocable living trust, sometimes called a living trust, declares that you are holding certain property in trust. A living trust is an important tool to avoid probate. With this type of trust you may, at any time, take property out of the trust or revoke the trust entirely. During your lifetime, a revocable trust is treated as a fictional entity. You pay taxes on any trust income during your lifetime, and your creditors may access trust assets to pay your debts.
• Power of Attorney
  A living will, also known as an advance directive, is a legal document that articulates a person’s desires regarding medical treatment should they become disabled. Making a living will and authorizing power of attorney are two important steps during the incapacity planning process.
• Probate

Finance Law

• Tax Law
  It will be necessary to work with your attorney to prepare the proper documents. After signing the necessary papers and transferring your assets, you will need to continue to monitor the estate planning techniques you have in place. This will include preparing your attorney to provide ongoing assistance with estate administration after your passing. Your attorney will be supporting executors and trustees in dealing with difficult and multifaceted issues: post-mortem tax planning, probate, and annual contributions.