Oregon Child Custody Laws

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When a couple divorces and there is a minor child involved, the divorce decree will specify who has physical custody as well as legal custody of the child. Physical custody determines where and with whom the child will live. Legal custody specifies who has the legal right to make important decisions about the child related to issues such as education, religion, medical issues, and discipline. Spouses often reach an agreement regarding child custody on their own, but if they do not, an Oregon court will intervene and establish custody arrangements based on the best interests of the child. Divorcesource.com provides a complete summary of divorce and custody laws in the state of Oregon.

 

There are typically several different custody arrangements that may be made for children of divorced parents. In most cases, courts will award physical custody to one parent with whom the child will live most of the time. The parent with physical custody, or the custodial parent, often shares legal custody, or the right to make decisions regarding the child, with the non-custodial parent. Many child custody arrangements involve joint custody in which the child spends a relatively equal amount of time with each parent.

 

According to Oregon law, joint custody is known as joint responsibility. Extensive contact between the child and both parents is encouraged. Joint or sole custody is determined based on the best interests of the child along with the following factors:

  • The love and affection existing between the child and other family members
  • The attitude of the child
  • The desirability of maintaining continuity
  • Any spouse abuse
  • The relationship of the child with the parents, siblings, and other significant family members
  • The parent's interests and attitudes towards the child

In Oregon, the conduct, marital status, income, social environment, or life style of either parent is only considered in determining custody if it is shown that any of these factors are causing or may cause emotional or physical damage to the child. No preference is given to either parent based on gender. If a parent has abused a family or household member, there is a rebuttable presumption that it is not in the best interests and welfare of the child to award sole or joint custody of the child to that parent. If a child age 14 or older expresses a preference regarding which parent he or she wishes to live with, a court will try to honor the request as long as the parent is found to be fit.

 

If the court orders sole custody, it may order parenting time or visitation rights to the parent who does have custody of the child. If the parents are unable to develop a parenting plan, the court will develop one for them that is in the best interest of the child and ensures that the non-custodial parent will have sufficient access to the child to provide for appropriate, quality parenting time. The court may deny parenting time to the non-custodial parent only if it finds that parenting time would endanger the health or safety of the child.

 

For a comprehensive review of child custody laws in Oregon, go to lawyers.com.