How is Child Custody Determined in Oregon?
Who Determines Child Custody in Oregon?
Handling issues related to your children can be the most important, and highly emotional part of your divorce or separation. If you are going through a divorce, child custody negotiations are typically a part of the process.
In any custody decision, the best interests of the children are always the main priority. Whether you are seeking a divorce, have never been married to your child’s parent, or are renegotiating the terms of your custody arrangement, the welfare of the children always comes first.
Types of Custody
It is the policy of the state of Oregon to assure minor children frequent and continuing contact with parents who have shown an ability to act in their children’s best interest and to encourage parents to share in the rights and responsibilities of raising their children after they have separated or dissolved their marriage. Custody is defined as a parent’s authority to make major life decisions for a minor child, including their education, medical care, religion, and residence. There are two types of custody in Oregon: joint custody and sole custody.
When a parent is granted sole custody of their child, they have the sole legal authority to make significant decisions about their child’s upbringing. In a joint custody agreement, both parents have decision-making rights regarding important facets of their child’s life. Joint custody cannot be awarded unless both parents agree.
If two parents can agree on custody and parenting time, either on their own or through dispute resolution processes including mediation, the decision can be handled outside of court. Although a judge will have to approve the agreement, there is no reason to move toward litigation. In Oregon, it’s required that parties attempt to resolve their dispute through mediation before going to court when children are involved.
However, in cases where an agreement cannot be reached, a judge will be the deciding party. This means that a judge will hear from both sides and determine what is in the best interest of the children, rather than the parents deciding. Litigation can be a lengthy and costly process, putting stress on both parents and children. At any time during the litigation process, the parties can choose to settle their dispute.
What Judges Look For When Deciding Custody
When the power to decide custody is handed over to a judge, he or she will look at several factors before coming to a decision. Some of the areas in question may include:
Which parent currently acts as the child’s primary caregiver
The social and emotional connection of a child to their other family members
If there is any history of abuse, criminal activity, or neglect
Each parent’s level of interest and attitude towards the child
The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the child and the other parent
Under Oregon law, the court does not give preference to either the child’s parents based on gender.
Can My Child Choose Who to Live With?
During the litigation process, the preferences of the children can be shared with the court through an interview with the judge, or via a court-appointed attorney. The goal of most cases, however, is to keep children away from the conflict and let responsible adults make decisions in their children’s best interests. A judge may consider the child's reasonable preferences and experiences, but under Oregon law, until a child is 18 or otherwise emancipated, they have no legal decision-making power in their placement.
Custody Orders For Unmarried Parents
Whether you are married or unmarried, until a court order has been made, both parents have equal custody rights. Before a judge will issue any custody orders, the child’s paternity must be established. For unmarried parents, this will require you to submit paperwork either to the court or to the Oregon Vital Records (OVR) offices. You can learn more about how to establish paternity in Oregon state by reaching out to the DMBA Law group, or by checking out our previously published article, linked above.
The litigation process can go on for an unknown amount of time as the court determines the best situation for the child. If your partner is preventing you from seeing your children while your case is being completed, you may ask the judge to put a temporary parenting plan in place. This parenting plan is effective until the judge signs a new order or dismisses the case. It also gives parents, their attorneys, and the court space to continue working on the final custody and parenting time order. For families enduring this process, a temporary order can provide much-needed structure.
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Custody disputes can get complicated, and most adults are not equipped to navigate a custody battle without help. If you haven't been able to reach a custody agreement, either with mediation or on your own, we strongly advise speaking with the experienced team at DBMA Family Law. Contact us today to schedule your confidential consultation!