Oregon Child Custody & Parenting Time Attorneys
Oregon law provides two types of custody arrangements: sole custody and joint custody. To receive joint custody, both parties must agree. If both parties do not agree, the court will designate one party as the sole custodial parent.
Where Can I File for Custody and Parenting Time?An Oregon court has jurisdiction to make a custody and parenting time determination if:
Joint CustodyIf the parties agree on joint custody, both parents share rights and responsibilities for major decisions regarding the child, including the child’s residence, education, health care, and religious training. In a joint custody arrangement, the child does not have to spend equal time with each parent. One parent may provide the primary residence for the child and may have the power to make decisions about specific matters, while both parents retain equal rights and responsibilities for other decisions.
Sole CustodyThe custodial parent is the person who has primary rights and responsibilities to supervise, care for, and educate the child. Parenting time under a sole custody arrangement can be equal or unequal. The primary consideration in determining child custody is the best interests and welfare of the child. When determining custody, the court gives great weight to the child’s primary caretaker.
Many factors are considered by the Oregon family law judge when determining what custody arrangement is in the child’s best interests, including:
Modification of CustodyIn order to modify custody, Oregon law requires that there has been a substantial change in circumstances since the entry of the last custody judgment. The substantial change in circumstances must be unanticipated and must affect the custodial parent’s ability to appropriately care for the child. The parent seeking to modify custody must also show that the modification is in the child’s best interests.
Alienation and interference with the parent-child relationship of the non-custodial parent may be a sufficient basis to modify custody. The factors the judge must consider in determining whether a custody modification is appropriate are the same factors used in determining the initial custody award, and include:
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