Oregon divorce laws and child custody

You may need a lawyer to help you do this. The court looks at several factors in deciding who should have custody. If it is appropriate to change the parenting plan or custody arrangement, you may ask the court for an order to Show Cause to Modify the Custody, Parenting Time, or Support Issues. You may want to get advice from a lawyer to decide if this is the right step for you. One parent may not change the terms of the judgment without the agreement of the other parent or an order by the court. Your browser is out-of-date! It has known security flaws and may not display all features of this and other websites.

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Proving that an Oregon parent is unfit

Full Width Column 1. In Oregon, as long as paternity has been established, the laws on custody and parenting time are the same for both married and unmarried parents. The best interest of the child is the main focus in making decisions about custody and parenting time.

If parents are married, custody and parenting time is decided as part of a divorce or legal separation. See Divorce, Separation, Annulment. Thirds Column 1. Thirds Column 2. Thirds Column 3. Half Column 1. Half Column 2. Full Width Column 2.

Who Will Get Child Custody in Dissolution of Marriage?

Case Basics A custody and parenting time case is started when one parent files a petition for custody and parenting time. Where should I file? How are the parties notified? How much time does the respondent get to file papers? What is the cost? Each court may have additional timelines for mediation , parenting classes , and other requirements. You should check local court rules for these requirements.

What is Joint Custody?

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A judge cannot award joint custody in Oregon unless both parents agree to it. What is Sole Custody? Factors a Judge Will Consider. To decide the best interest of a child, the court will look at these factors: The emotional ties between the child and other family members. The interest of the parents in and attitude toward the child. The desirability of continuing an existing relationship.

The abuse of one parent by the other. The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court. The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.


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Child's Wishes. The parenting plan will lay out the visitation times for each parent and detail the rules of parenting time.

Divorce frequenly asked questions

Review for services rendered by Daniel S Margolin 5 I would recommend Mr Margolin to anybody that has a child custody, child support, or any other family law problem. There were some very extenuating circumstances with my case and Mr. Margolin was very adept at solving all problems we buth incurred. Very professional and easy to work with. Phone Toll Free Fax If both parents can agree to a custody and parenting time arrangement, either on their own or with the help of a mediator, a judge will usually accept their agreement and make it part of a court order as long as it reflects the child's best interests.

This means that rather than the parents, the judge will say what is best for the child in a court order and the parents will have to follow the order. After considering the factors, the judge will generally order sole custody to one parent and parenting time to the other parent, except in unusual cases.

Therefore, when a child and noncustodial parent have lived in close proximity to each other and enjoyed regular parenting time together, there are special considerations when a custodial parent wishes to relocate move. In Oregon, a custodial parent may usually relocate up to 60 miles from the other parent without notifying the noncustodial parent prior to the move. If the custodial parent plans to move 60 miles away from the noncustodial parent or outside of Oregon, the custodial parent must notify both the other parent and the court prior to relocating.

Regardless of the distance, a custodial parent must continue to comply with any court order regarding parenting time unless and until that order is modified changed.

Why Take Away Parental Custody?

If the noncustodial parent doesn't agree to the proposed move, the noncustodial parent can file a petition in court to stop it or the custodial parent may file a petition in court asking the judge to allow the relocation. In either case, the judge must consider whether the relocation would be in the child's best interest. In considering the best interest of the child in a relocation case, the judge will consider a variety of factors, including:.

For the text of the statute governing best interest in custody determinations, see Or. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.

Custody & Parenting Time Law in Washington County, Oregon

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