What Is the Difference Between Joint and Sole Custody?
Parenting plans and custody arrangements can be difficult to manage. In some cases, they are emotionally exhausting and cause a great deal of strife for all parties involved. But it doesn’t have to be that way.
In order to lessen the negative effects of these situations, the strong, strategic, and seasoned professionals of DBMA Family Law are here to give you an unparalleled level of service, starting with providing the best information based on your unique situation.
Listen, we know custody arrangements and co-parenting can be difficult. We’ve worked with families time and time again throughout our careers to create arrangements that support the best interests of the developing child and are functional for parents.
Our goal at DBMA Family Law is to help you and your loved ones get the legal advice you deserve in a manner that is easy to understand and that you can confidently act upon. Here’s a quick overview of the nuances regarding custody in Oregon state.
What does “custody” mean in Oregon state?
Parents of children in Oregon who are going through a divorce will inevitably have to face matters of custody, both in terms of legal custody and physical custody, referred to as “parenting time.” (Parents who are unmarried may go through an identical custody process.)
These two types of custody are distinct. In the state of Oregon, legal custody is in reference (but is not limited) to a parent’s authority to make significant decisions in a child’s life as they pertain to the child’s education, religion, and medical, dental, and mental healthcare.
Legal custody can be a joint custody arrangement between both parents, but it must be agreed to by both parties. In other words, the court cannot mandate a joint custody arrangement if either parent objects. If either parent chooses to pursue formal legal action regarding a legal custody arrangement, a judge must award a single parent sole legal custody over the child.
How is custody resolved?
Well, the first step we recommend is for you to secure legal counsel. The legal system can be a complicated place to navigate on your own, and adding family planning and potential difficult decisions and outcomes to these situations can foster an emotional journey that not everyone is going to be prepared for.
Once you’ve secured counsel that you trust, you’ll be assisted in filing either a Petition to Establish Custody, Parenting Time and Child Support or a Petition for Dissolution of Marriage. If you’re the parent filing this petition, you’ll be referred during this process of the case as “the petitioner” while the other parent will henceforth be referred to as “the respondent.” They’ll have 30 days after service to file a response. In the rare instance that the respondent fails to do so in a timely manner, a petitioner has the option of seeking a default general judgment against them, should you choose to pursue it.
When it comes to “legal custody,” what is the difference between joint and sole?
In Oregon, sole legal custody means that the custodial parent makes all of the legal decisions on behalf of a child, sometimes without even requiring to consider input from the non-custodial parent. Joint legal custody essentially means that both parents have the authority to make major decisions related to a child’s education, healthcare and religion. However, they cannot do so without the consent and agreement of the other parent.
Ideally, through the assistance of their respective attorneys and sometimes a mediator, the parents are able to come to an agreement on custody that is determined to be in the best interests of their child. What happens when parents can’t agree to a custody arrangement? In the instance that both parties cannot come to an agreement through their attorneys or mediation or other form of negotiation, then the judge will hear from both parties and make a decision based on the testimony and evidence presented as to what is ultimately best for the child.
Some of things they take under consideration during this process will include a child’s emotional attachment to a particular parent, which parent (if applicable) has historically been the primary caregiver, if there are siblings or other family involved, whether the parents are willing to support and facilitate a relationship with the other parent, or if there is a history of abuse, among many other important factors.
In the state of Oregon, both parents’ rights are weighted equally and without preference. In some instances, a child’s preferences may be considered, and those preferences may be delivered via a child’s attorney, an objective third party evaluator, or very rarely, direct testimony in court. This last option is usually avoided so as not to cause stress for the child during what is no doubt already a fraught experience.
What happens when a parent with sole custody wants to move?
Laws differ from state to state, and in the state of Oregon it is generally accepted that either parent may move up to and not further than 60 miles from the other parent without notifying them.
In those cases where a parent with sole custody chooses to move more than 60 miles or, regardless of distance, out of the state of Oregon, the other parent and the court must be notified prior to the move.
It is highly encouraged that, except in rare circumstances, it is in the best interest of the child to spend time with both parents. Because of this, all previously agreed upon terms to the arrangement must still be honored, no matter the distance. In times where these moves are proposed and cannot be agreed upon, a judge will intervene to make a decision that best supports the child’s overall needs.
Have more questions about custodial arrangements in the Portland-area?
Call DBMA Family Law today. The family law attorneys at DBMA Family Law Group are highly experienced in the area of Oregon family law, and are here to serve you and your family for all your family law needs.