The state of Oregon uses several criteria to determine child custody laws. Primarily, a court in Oregon will determine custody based on the best interests of the child. In addition, a court in Oregon will not discriminate against a parent based on a parent's gender. Parents who wish to file for child custody in Oregon should first become familiar with the custody statutes in this state.
Related: Help our readers by sharing your experience with child custody in Oregon.
Best Interests of the Child
A family court in Oregon will consider the best interests of the child when determining child custody. Factors included in a best interest of the child determination are:
- The relationship between the child, his/her parents and other family members
- The parents' wishes
- The primary caregiver's preference, if the primary caregiver is deemed to be a fit custodian
- Each parent's willingness to foster and encourage a relationship between the child and the child's other parent
- Any history of abuse between the parents
Parenting Plans and Child Custody in Oregon
When taking legal action in Oregon to obtain custody of a child, parents are expected to submit a parenting plan to the court, including a proposed schedule of each parent's rights and responsibilities concerning the rearing of the child. A parenting plan may also include provisions such as:
- Residential schedule
- Relocation of parents
- Weekend and holiday schedules with the child
- Information sharing between parents
- Transportation
- Methods for resolving disputes
Joint Custody in Oregon
Prior to ordering a joint custody arrangement, the court will consider whether both parents agree to the custody arrangement. A court in Oregon will not order joint custody unless both parties agree to a joint custody arrangement. When both parties agree to joint custody, an Oregon court will not overrule the parties' agreement and order sole custody. In addition, the court will not modify a joint custody agreement unless there is a change of circumstances that adversely affects the best interests of the child.
For further information about child custody in Oregon, speak with a qualified attorney in Oregon or refer to the Oregon Domestic Relations statute.